Louisiana Personal Injury Lawyer Blog
Aquisitive Prescription. It is a strange-sounding set of words, yet it can be vital in proving ownership of land and property in Louisiana. What exactly is it? The subsequent lawsuit helps answer that question and the following one: How can I prove ownership of land through acquisitive prescription in Louisiana?
Crystal and Gwendolyn Smith sued Raymond Felton, claiming they owned land in White Castle, Louisiana. The Smiths claimed Felton misrepresented that he owned the property, had entered the property without permission, and intentionally damaged the home located thereon. The Smiths sought injunctive relief prohibiting Felton from entering the property. The Smiths also sought damages for the damage to the property and the mental distress they suffered.
In response, Felton argued he owned the land at issue. Although Felton did not have the actual title to the at-issue property, he provided a chain of titles dating back to 1897, whereas the Smiths only dated back to 1899. The trial court ruled in favor of Felton because he and his ancestors in title had been in possession of the at-issue property for over thirty years, which is required to establish ownership by acquisitive prescription. See La. C.C. art. 3486. The Smiths filed a motion for a new trial, which the trial court denied. They then appealed.
Although most people have heard of both state and federal courts, many do not know when a party in a lawsuit can move a case to a different court. This happened to Howard Zeringue, who first filed a lawsuit in Louisiana state court, but soon found himself in the United States District Court for the Eastern District of Louisiana after the company he sued removed the case to federal court. This case helps answer the question; My lawsuit was removed to Federal Court. What does that Mean?
This scenario is not hard to imagine: you are driving along the road, and you get into an accident; however, the other vehicle is not just a regular car owned by a private citizen, but it is a dump truck owned by the local government. When suing a local governmental entity such as a sanitation department or police station, the injured party may face obstacles in naming precise owners of public vehicles or following procedural rules. A recent case out of St. Charles Parish demonstrates what kinds of procedural obstacles a plaintiff may face. It also helps answer the question; what happens if I name the wrong defendant in a lawsuit? Is my case over?
Some doors, such as bathroom doors, are heavy and have quick automatic closing mechanisms attached. If a door of that nature hits you in the back on your way and knocks you down, who is liable? The following case out of New Orleans shows how courts deal with door-closing mechanisms and trip-and-fall lawsuits. 
Activities on the water carry inherent risks. If you are injured while on the water, laws of admiralty and maritime jurisdiction generally rule. There are also allowances to invoke admiralty jurisdiction for injuries on land. To do so, one must satisfy conditions of both location and connection with maritime activity. But what happens if you are injured on a boat on land? Can you file a lawsuit with maritime claims? The following lawsuit out of Manchac, Louisiana, helps answer this question in the context of a prescription argument. 
Discrimination in the workplace should never be accepted. If you feel that you have been discriminated against for age or disability reasons, the law allows you to seek damages. A lawsuit of that nature is not unlike others; proof and evidence are required to proceed with your claims. The following case out of New Orleans shows why sufficient evidence is required to proceed with a discrimination or hostile workplace claim. 
Generally, when you ask an insurance agent for a specific policy, you expect them to honor your request. But what happens when your insurance agent doesn’t procure the coverage you requested for? The following case is an example of a property owner who believed he maintained insurance when he did not. 
Insurance policies are often lengthy and very complicated. Therefore, understanding who may be liable when an injury occurs is critical, as failure to do so may lead to complex and expensive court proceedings. The following Iberville Parish case demonstrates the problems that arise when multiple insurance companies and policies are involved in one lawsuit and when evidence is not properly admitted. 
A disabling workplace injury can be a nightmare for an employee who suffers physical pain, mental side effects, loss of income, and the uncertainty of litigation. And when large sums of money are involved, an employer will want to fight tooth and nail to avoid liability. This can be particularly distressing when an employee wins at trial only to find the decision has been appealed. 
Police officers can often put themselves in dangerous positions when responding to calls related to domestic violence because tensions and emotions are usually running high. In close-knit communities, it is also not uncommon for victims and perpetrators of domestic violence to have prior relationships with the police. Such was the case for Maringouin’s Chief of Police, John Simien (“Chief Simien”), who was both a friend and family member to Mr. and Mrs. Wright, when he got a call to come to the Wright’s house during a dispute.