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…
Louisiana Personal Injury Lawyer Blog
Tractor-Trailer Driver Involved in Deadly Collision Allowed to Present Case to Trial Court After Dismissal in Louisiana
The viewing of a dead body can be traumatic for many people. If that viewing is caused by the negligence of another an excellent attorney may help you secure compensation for the emotional anguish experienced from that event. Shortly after midnight on February 4, 2011, Ronnie Rodd Davis was operating…
Physical Altercation at Jefferson Parish School Board Prompts Board Member to Obtain Preliminary Injunction
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…
Baton Rouge Aunt Denied Loss of Consortium Claim for Niece’s Injuries
Accidents involving children are difficult for everyone involved. When the accident results in extensive, life-changing injuries, the situation becomes even more tragic and often results in multiple lawsuits. A person cannot recover damages unless he or she has a recognized claim to do so under law. This concept is known…
Kenner Condo Owner Survives Summary Judgment in Tax Sale Dispute
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…
Louisiana’s First Circuit Court of Appeal Raises Its Own Peremptory Objection Due to No Cause of Action
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…
New Orleans Trip-and-Fall Case Highlights the Perils of Summary Judgment
Generally, when an accident occurs on a property that is the result of the property owner’s negligence, it is presumed that the property owner is liable for the person’s injury. However, when liability does not exist, a motion for summary judgment is a procedural device that the defendant in a…
Baton Rouge Patient Awarded Damages After Extremely Rough Swedish Massage, Part 1: Determination of Negligence
A therapeutic massage can offer many medical benefits. But if the massage therapist uses too much force, or applies force in an inappropriate way, severe injury to the patient can result. In such cases, an experienced personal injury attorney may be needed in order for the patient to recover damages…
Class Settlement Agreements And Amendments Affect All Parties
When a healthcare provider is dealing with workers’ compensation cases, the outcome can be a bureaucratic nightmare. When insurance companies also get involved, legal disputes are bound to arise. Courts have to navigate these cases, even when they seemingly end in a mutual settlement agreement by all parties. In this…
Bench and Lawsuit Collapse for Gretna, Louisiana Woman Against Local Flooring Store
Imagine shopping for flooring on a Saturday. The store is crowded and the samples of luxury vinyl tile are starting to all look the same. The flooring store has graciously placed a bench in the showroom. Much to everyone’s embarrassment, however, the bench collapses under the weight of a patron.…