Louisiana Personal Injury Lawyer Blog
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.
The First Circuit Court of Appeals recently reaffirmed the requirements for obtaining strong means of relief such as injunctions or class actions. Ms. Jean Cooper purchased some over-the-counter allergy medicine at a CVS pharmacy in Washington Parish, Louisiana. Upon discovering that the medication she purchased had already expired, she sued CVS as a company on the basis that the court should prevent the stores from selling expired medication because it could cause health risks. She asked the court for an injunction on behalf of herself, and a class action injunction on behalf of others that may have purchased the expired medications. CVS argued in return that she had not actually been harmed by the expired product and that she was not in risk at harm because she had not used the medication and later declared she would no longer purchase medications in CVS stores.
From these facts, CVS argued that there was no irreparable injury. In response, Ms. Cooper claimed that she did not need to prove injury since federal law prohibited the selling of expired drugs. She pointed to 21 U.S.C.A 331, the provision of the Food, Drug, and Cosmetic Act that makes it illegal to sell “adulterated” medications. An adulterated medication is one which has been produced in such a way that it might be harmful. See 21 U.S.C.A. Section 35l(a)(2)(B). She claimed that although this law concerned the manufacturing process, a memo that had been written by the FDA in 1995 extended this definition to stores that sell expired medications. She also presented evidence that another person had found expired medications and baby formula for sale at 63 different CVS locations. This was meant to prove irreparable injury under the idea that all of the CVS stores were selling expired medications.
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. 
The Jones Act is a set of federal rules that protects American workers injured while working at sea. Also referred to as the Merchant Marine Act of 1920, this law allows qualifying sailors who have been involved in accidents or become sick while performing their duties to recover compensation from their employers. So does everyone that is injured or who becomes sick while working offshore automatically qualify for benefits under the Jones Act? Not always. In the following case that stems from an oil platform injury we see how the courts evaluate the seaman status (status necessary to receive benefits) under the Jones Act.
Inferior vena cava (IVC) filters were designed and sold as a supposedly secure fallback to help avert pulmonary embolism for patients who for various medical reasons could not take blood thinners. Unfortunately for over the last ten years these filters have continuously been alleged to have been at fault for adverse conditions due to breaking of the filter. The best IVC filter lawyers have been pursuing these claims on behalf of their clients for several years now. While you can get a full run down of this litigation from a Louisiana IVC filter claim lawyer here, 
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. 
Under Louisiana civil procedure, it is well settled that “proper citation is the cornerstone of all actions.” If a party to an action is not served with process in the manner required by law, the result of that action is considered null and void. This requirement is intended to ensure that the defendant in a lawsuit is fully informed of the existence and subject of the plaintiff’s complaint. The concept of proper service is so essential, in fact, that even a defendant’s actual knowledge of a legal action cannot correct a defective citation and service of process. Therefore, a key skill of the attorney that you hire to represent you is a thorough understanding of the various and sometimes complex rules that control how process must be served on the defendant(s) in your lawsuit.
No one wants to ever get involved in a slip-and-fall lawsuit. If your unfortunate enough to be injured in a slip and fall finding out who is responsible to pay for your injuries can become a troublesome matter. A recent Louisiana Fourth Circuit Court of Appeal opinion demonstrates just how complicated these lawsuits can get when a woman alleged she slipped and fell in the China Palace restaurant on South Carrolton Avenue in New Orleans.