In Louisiana, a victim of fraud can recover actual damages resulting from the fraud, treble damages up to three times the amount of actual damages, and reasonable attorneys fees and costs. However, this potentially large recovery is barred by a peremptory period if the defrauded party doesn’t bring the lawsuit…
Articles Posted in Property
Wrongful Demolition in Town of Rayville Garners Less In Damages Than One Might Think
Wrongful demolition is a cause of action rarely invoked because the events giving rise to such an action rarely occur. Essentially, a claim for wrongful demolition arises when a plaintiff’s property was mistakenly or wrongfully demolished. In the following case, Morgan Moss found himself in the unique position of asserting…
Supreme Court of Louisiana Says Cameron Parish Business Owner Not Personally Liable
A primary concern that all business owners have is how to insulate themselves from any improper actions that their business engages in. Without some mechanism to separate the actions of the business from the business owner, a business owner would be personally liable for the business’s actions and could face…
St. John the Baptist Parish Enjoys Absolute Immunity from Residents’ Class Action Lawsuit for Damages Sustained in Hurricane Isaac
The government owes a duty to its citizens to serve their best interests. But what happens when the government breaches that duty? Can we, as citizens, sue our government for perceived wrongs it has committed? Can we recover damages? This is an especially critical issue when it comes to a…
St. Landry Parish Landowners Permitted to Prohibit Neighbors Use of Land Despite Neighbors’ Claim of Entitled Use
Desiring to be friendly, you may allow your neighbors to use a portion of your land in order to make their lives a little easier. You allow your neighbors to continue to use your land for some time, but now you want privacy on your property. At this point you…
St. Bernard Parish Government Demolishes Man’s Rental Property Without Notice
Imagine that you own several rental properties, and one day some of the properties get severely damaged by a hurricane. You slowly try to repair the damaged properties, but your local government decides to demolish it, without notifying you first. That is what happened to a St. Bernard Parish, Louisiana…
Strict Construction of Statute Flattens Timber Theft Case Out of DeSoto Parish
Imagine you owned acres of lush and valuable trees. Then imagine that one day, you discover your land to be completely barren, the valuable trees almost completely removed. Even worse, you have no real, viable recourse against the thieves who cut down and hauled off the trees because of a…
Failure to Pay Taxes Results in Litigation Headache for New Orleans Property Owner
In Louisiana, a failure to pay your property taxes can result in your property being subject to a tax sale. This can cause a tremendous headache. Though the Louisiana Constitution and Revised Statutes provide that the government’s right to proceed to a tax sale expires three years after the last…
Louisiana Court Upholds Jury’s Finding of No Causation Despite Uncontroverted Expert Testimony
In any personal injury lawsuit, it is absolutely critical that the plaintiff documents his or her injuries and gather evidence in support of legal claims. In addition to establishing that the defendant breached a duty of care, personal injury plaintiffs must also prove – through medical testimony and documentation –…
No Abuse of Discretion City Officials’ Denial of Plan to Build Dollar General in Shreveport
Even if a property is zoned for commercial purposes, a city may discretionarily deny a business from buying and developing that property if the city determines it is against the public interest. The city of Shreveport, Louisiana was challenged when they denied a Dollar General’s site plan to develop a…