Officers of the Court are expected to follow a specific level of professionalism and truthfulness that trumps any personal feelings they have on a case. One unfortunate case highlighted today involves the dissolution of a 22-year marriage and the unfortunate deceitful behavior of the husband and his attorney. Unbeknownst to…
Articles Posted in Civil Matter
Wrongful Prosecution Case Highlights Appeals Process
In 2005, a New Orleans detective investigated a case regarding a robbery and shooting at a local meat market. An armed assailant was seen fleeing the scene of an attempted murder. After investigation and contact with the Federal Bureau of Investigation, a man was arrested who was known simply as…
Maritime Injury: The Jones Act and How it Applies to Recovering Damages (Part 2)
This post is a follow up regarding the worker’s compensation claims in a maritime case previously discussed in “Maritime Injury: The Jones Act.” The Fifth Circuit Court of Appeals also addressed the complicated worker’s compensation aspects of this case in addition to the rejection of the use of The Jones…
Maritime Injury: The Jones Act and How it Applies to Recovering Damages
The Court of Appeals for the Fifth Circuit addressed an injury case that involved a crane mechanic who was injured on an offshore drilling rig. The man was injured when he fell through an uncovered ladder hole on the top portion of the crane cab which was about fourteen feet…
Trip and Fall at Metarie Carwash Leaves Plaintiff All Wet
On September 9, 2008, George Alonzo visited the Safari Car Wash on Veterans Memorial Boulevard in Metarie. While exiting the restroom in the car wash’s waiting area, Alonzo fell and sustained injuries. In a lawsuit against the carwash, he alleged that he slipped in a puddle that had been caused…
Security Breach Case Fleshes Out Requirements for Successful Suit
It seems that in such a technologically dependent society, where digital information is everywhere, unauthorized access to computer databases (commonly referred to as “hacking”) is an all too common occurrence. However, as the recent Third Circuit decision in Reilly v. Ceridian Corp. illustrates, a company’s security breach that results in…
Malicious Prosecution Another Form of Injury Suffered by Public
A sheriff candidate for Concordia Parish, James Whittington, sued his opponent, Sheriff Randy Maxwell, for malicious prosecution and violating both his Fourth Amendment and First Amendment rights. During the sheriff election campaign, Whittington ran several ads in the local newspaper including several that described misconduct that had allegedly taken place…
Damages a Complicated Concern in Louisiana Asbestos Case
Damages are awarded in successful civil instances in order to put the injured party back into a position that they would have been in had the events in the case unfolded as planned or if the transaction had not taken place at all. For example, in a contracts case, if…
Court Examines Misunderstanding that Allowed for Unemployment Benefits
Unemployment benefits are granted in Louisiana with the assumption that the employee did not perform any misconduct within the course of employment. Misconduct is defined as either an intentional offense or an accidental offense that the employee should have been able to avoid if they had paid more attention or…
Court Determines Louisiana Man’s $1.3 Million Award for Injury is Not Excessive
In October of 2009 a man was injured on a tugboat near Amelia, Louisiana, while attempting to do his duty as a deckhand. Two major issues came up in this case when it went to the Court of Appeals for the Fifth Circuit. First, the deckhand had to prove that…