Res Judicata, also known as claim preclusion, is a Latin term that literally means “for a matter judged.” In the legal system, res judicata is a doctrine that prohibits a second lawsuit from being filed for a matter that has already been judged or decided on the merits. Once parties…
Louisiana Personal Injury Lawyer Blog
Non-Party to a Lawsuit Forced to Pay In Garnishment Case Out of East Baton Rouge Parish
Most of us probably owe money to someone. Whether it be for our home, a vehicle, a credit card or even just to a friend. A common legal tool called a garnishment is one way of using the civil court system to help recover money owed to you when someone is…
Orleans Parish Bicyclist Personal Injury Case Gets a Chance to Go to Trial
The majority of cases, civil and criminal alike, never make it to trial. The parties may settle the case out of court or the claims may simply be dropped by the plaintiff. A third reason why a case may not make it to the jury is if a judge grants…
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…
Louisiana Future Lost Wages Award Reduced Based on Lack of Evidence for Longer Work-Life Expectancy
Sometimes we are asked to do a task at work that we do not feel qualified to perform. We think things like, “Hey, that wasn’t in my job description.” Well, that’s essentially what happened to Mark Barto but, unfortunately, attempting to perform his assigned task resulted in a back injury…
New Orleans Man and Children Bring Claim Against the State for 10-Year Illegal Confinement
Navigating the criminal justice system is a scary, stressful and, often harrowing experience for anyone, but these feelings are generally exacerbated when a defendant is mentally ill. The unfortunate story of Willie Warren Harper follows as an illustration of the litigation that can arise in these situations. After being arrested…
Medical Malpractice Case Out of Ouachita Confirms Importance of Placing Evidence in the Court Record
In a medical malpractice case, often lawyers for either or both sides will hire what is called an expert witness. These cases are complex and frequently require such experts to explain to the judge and jury the medical procedure at issue and what went wrong. These necessary experts, however, are…
Mother May I? Louisiana’s Broad Definition of “Permission” Results in Insurance Company’s Liability in Case Out of Shreveport
Employees can pit employers against each other just like children do with parents. If permission is limited by one person the employee/child will simply repeat their request to the other party. What an employee is permitted to do can be ambiguous. In a recent automobile accident case out of Shreveport…
Louisiana Seaman Loses Lawsuit Due to Insufficient Evidence and Conflicting Testimony
On the sea, a life jacket can save your life. In the courtroom, the life jacket that can save your case is provable and relevant facts. Seaman, Frank Glaze, recently found this to be true when a Louisiana Court dismissed his Jones Act personal injury case due to a lack…
Noise-Induced Hearing Loss Subject to Workers’ Compensation Law
What are your legal options when you experience job-related hearing loss? Are you limited to benefits under workers’ compensation laws or can you file a lawsuit for possibly a considerable monetary amount? That was the essential question put forth to the Supreme Court of Louisiana in a recent case out…