Louisiana Personal Injury Lawyer Blog
Love gone bad, broken promises and loans not written down come to a head in the following case in Jefferson Parish. In the case at hand, Mr. Palmisano and Ms. Nauman-Anderson had been romantically engaged for several months, during which time Mr. Palmisano allegedly credited Ms. Nauman-Anderson with nearly $26,000 dollars in loans. These loans were allegedly subject to an oral agreement at the time that they were advanced and no effort was made to memorialize the loans (put them in writing) until the romantic relationship between the parties had ended. Upon severing romantic ties, Mr. Palmisano provided Ms. Nauman-Anderson with a promissory note in order to commemorate their alleged agreement but Ms. Nauman-Anderson refused to sign the note, claiming that the loans were in fact gifts. In response, Mr. Palmisano brought suit for a breach of contract.
Following a summary judgment granted by the Twenty-Fourth trial court of Jefferson Parish the case was dismissed. In dismissing Mr. Palmisano’s suit, the trial court affirmed Ms. Nauman-Anderson’s theory that the Louisiana Credit Agreement Statute precluded claims against her. See Louisiana Credit Agreement Statute, La. R.S. 6:1122
Ms. Nauman-Anderson claimed that the Louisiana Credit Agreement Statute provided a complete defense because the promissory note was unsigned and the statute does not allow an action to be maintained based on an oral promise. Mr. Palmisano appealed the trial court’s decision to the Louisiana Fifth Circuit of Appeal.
The Court of Appeals in the Second Circuit of Louisiana recently took on a “case within a case.” This phrase is used in situations of legal malpractice against an attorney’s actions. For years a standard was set for these trials that required the client of the malpracticing attorney to prove the amount of damages by going through the original case they brought to the attorney. Jenkins v St. Paul Fire & Marine Insurance Co set forth a new standard. Jenkins v. St. Paul Fire & Marine Ins. Co., 422 So. 2d 1109 – La: Supreme Court 1982.
When the law is clear and unambiguous and its application does not lead to absurd consequences, then the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature. If however there are multiple interpretations to a statute, the court will examine it in order to figure out what the legislative intent was behind it in hopes of clearing up any and all ambiguities. The Louisiana Fifth Circuit Court of Appeal was recently faced with the task of interpreting a statute in order to determine whether or not it was properly applied at the trial level. The particular piece of legislation at issue is Louisiana’s Code of Civl Procedure 
When a Louisiana resident is injured, she should consider filing a lawsuit against the person, group, or organization whose negligent or intentional acts were a proximate cause of the injury. However many potential plaintiffs do not realize that there may be several other persons and entities, not readily perceptible to the layman, who could be added as defendants and help ensure the plaintiff’s just compensation. Additional defendants can be extremely helpful when a plaintiff is going after substantial compensation because there will be more individuals to help pay out the sum should one or more parties be unable to pay a judgment due to bankruptcy or some other issue. Accordingly when Kenneth Truxillo was injured while attending pre-game festivities at Champions Square, the outdoor entertainment area bordering the Mercedes Benz Superdome, he did not just seek compensation from the owners of the Superdome but added several other defendants that he believed shared responsibility for his injuries.
When a person is harmed or comes across what that person sees as an injustice, that person may feel that the only way out is through the courts. However, someone seeking help in the courts must be sure that the problem is one that a court can help. An injunction is a method by which someone can ask a court to order a person or company to either do something or stop doing something. Usually it is required in Louisiana that the party requesting an injunction be at risk of irreparable harm or harm that cannot be undone by the payment of money. This does not apply, though, if the action to be stopped is illegal to begin with. 
In initiating a lawsuit, timing is critical. In Louisiana, the doctrine of prescription bars a claimant’s legal right of recovery when he or she fails to exercise it within a given period of time. This doctrine functions somewhat similarly to what is known as the “statutes of limitations” in other U.S. states. However, certain statutory provisions “stop-the-clock” so to speak, and suspend the time within which a lawsuit must be brought. This entails precise timing calculations for determining prescriptive period or “deadline” for bringing a claim. Failure to comply with these deadlines means no recovery, as demonstrated by a recent opinion of Louisiana Fifth Circuit Court of Appeal in a lawsuit asserting medical malpractice claims. 
Being involved in an automobile accident or sustaining a serious injury can be very overwhelming. This is especially true if the accident was someone else’s fault. Although one may be disoriented after an automobile accident, it is pertinent that he/she follows all the necessary steps to ensure that the accident or injury is well documented. One’s first instinct may be to try to minimize the gravity of the situation; however, it is important to understand that a personal injury may have been sustained even if the symptoms are not immediately visible. One never knows if they will have a problem down the road from an injury sustained from the automobile accident, and therefore, a great attorney knows that their client will need proof and documentation to prove that the problem stems directly from the said automobile accident.