Generally, citizens are not held to criminal standards that do not yet exist. When a citizen takes action, he or she is held to the criminal standards in place at the time of the act. To retroactively apply criminal laws is impermissible because that application tends to violate principles of…
A common litigation tactic for plaintiffs is to bring cases in federal court to obtain greater damage awards. However, a plaintiff must have a viable claim under federal law or their case will be dismissed by the federal district court for lack of jurisdiction. Following a car accident in which…
Louisiana citizens interact with contract law every day, in many cases without even realizing it. Whether buying groceries at a supermarket with a credit card or installing a new iPhone app, countless purchases are governed by consumer agreements. What may be even less known to purchasers is that many of…
After an injury, it is natural to feel entitled to physical, mental, and financial recovery. Unfortunately, the road to recovery can be full of detours and roadblocks. Without the help of a good lawyer, it can be difficult, and perhaps impossible, to understand and adhere to the many rules of…
A non-compete clause is a common feature in many employment agreements in Louisiana. The clause is a way for an employer to restrict an employee from going to work for a competitor and thus potentially harming the original employer. Most non-compete clauses, in order to be enforceable, must contain some…
People seek assistance from the courts for a number of reasons. Some may demand a monetary payment after suffering a loss due to another’s wrongful conduct. Others may aim to prevent harm resulting from the wrongful conduct of another by petitioning the court for protective action. In Louisiana, a court…
The old saying goes: nothing is certain but death and taxes. In the case of property taxes on real, or immovable, property, failure of payment can permit the sheriff of the parish in which the property is located to hold a “tax sale.” In a tax sale, the delinquent property…
In order to prevail in a lawsuit, the plaintiff must have a “cause of action,” which is a theory of law supported by facts that the court can recognize as a path to providing the plaintiff a remedy. At trial, a defendant may raise a peremptory exception — essentially an…
It really does go without saying, but lawsuits tend to progress slowly. Delays abound and the realities of finite court resources mean that lawsuits can take years to complete. As an alternative to using this system, some parties will agree to arbitrate disputes. Arbitration takes place outside the court system…
No one wants to think about how to find a good lawyer or whether they should file a lawsuit after they’ve been injured. Most likely, they are preoccupied with trying to heal. But it is critical to keep in mind that many claims may be time-barred, and a lawsuit cannot…