Some cases have a countdown clock attached to them. The question is, when does that clock start? Is it when the damage happens? Is it when the other party is certainly aware of the damage? The courts must consider the facts in each case to be sure that the prescriptive…
Anyone who has been to a Mardi Gras parade in New Orleans knows that the festivities are often marked by high-speed projectiles aimed at the crowds. Indeed, the chance to catch coveted “throws” is the very thing that draws many parade goers. The risk of being hit by beads or…
In filing any petition for damages before a court, timing is critical. And similarly critical is the clear articulation of one’s legal and factual complaints. Failure to timely and clearly raise a particular legal issue risks dismissal by the court. Defendants in litigation can and will use defensive pleadings known…
Often in a discussion of tort law, the determination of whether an environment is reasonably safe is left up to the trier of fact in a particular case. Often, the trier of fact is a jury who listens to the evidence of the case and returns a verdict about the…
What happens in Baton Rouge if your Lawyer does not file your lawsuit appeal on time? You could lose that appeal. The following case demonstrates that Louisiana Courts follow strict procedural rules when it comes to filing for request for new trial. The best lawyers in Baton Rouge know these…
A case arising out of the State of Louisiana First Circuit Court of Appeal considers whether defendants should have been permitted to raise certain peremptory contractual exceptions in the trial court: namely, objections of prescription, peremption, no cause of action, no right of action, and a dilatory exception of vagueness.…
Summary judgments are procedural devices used when no genuine issue of material fact exist that should be litigated in a full trial. The burden of proving that there is no issue as to material facts is on the party who is seeking the summary judgment. Once the moving party establishes…
If a person defaults on student loan payments, the loan issuer can obtain a order from the court, directing an employer to withhold money from the person’s earnings until the defaulted loan has been paid in full. A Bossier Parish School Board (“BPSB”) employee stopped paying her student loans. In order…
A fire at a building you own cannot only damage your property but others as well. So what happens when a fire starts at your property and then quickly spreads to others, are you liable for their losses as well? The following case demonstrates what happens in court when a…
Antitrust laws protect competition and prevent monopolies. Ultimately, they are meant to protect consumers by ensuring healthy competition. Yet it is a common misconception that antitrust laws protect individual competitors in the marketplace; that each unique competitor is itself the competition that antitrust laws seek to protect. False. Antitrust laws…