Miscellaneous

June 29, 2023

Condo Management Company Liable to Owner For Loss of Use Of Condo Unit

plumbing_plumber_old_faucet-1024x732 Picture this: you’ve just bought a new condo, envisioning a future filled with joyful moments shared with loved ones. But what happens when those dreams are shattered because the condo management company neglects essential repairs for years on end? Robert Jordan, a condo owner, experienced this very nightmare when he encountered a persistent water leak issue in his recently purchased unit. As the battle for justice unfolded, Jordan fought for his rights and the compensation he deserved.

Jordan was the member and manager of FIE and Iberia Tigers, through which he acquired commercial investment properties. He purchased a condo unit at a building managed by New Jax. Soon after he purchased the condo, Jordan saw water leaking below the roof of the building. He reported it to Earl Weber, the president of New Jax’s board, and requested repairs. When New Jax did not repair it, Jordan started withholding the monthly fees he owed New Jax.

Thereafter, New Jax attempted to fix the issue by cutting through the condo’s ceiling and walls. It placed tarps and plastic sheets around the condo. Jordan claimed the condo was uninhabitable and could not be used for its intended purchase. Jordan communicated with New Jax for years about the ongoing issues and damage and requested updates on the status of repairs. Repairs were not completed until 75 months after Jordan had first reported his condo was unusable.

June 28, 2023

High-Stakes Legal Poker: Unveiling the Power of the Full Faith and Credit Clause

by Berniard Law Firm

poker_cards_card_game-1024x768 Imagine you’re in a nail-biting poker game, where every decision could tip the balance between winning and losing. Suddenly, one player reveals a Royal Flush—an unbeatable combination. This tension-filled scene mirrors the legal drama between Greenfield Advisors LLC, a consulting firm from Seattle, and Salas & Co., LC, over a significant unpaid debt. In the legal world, invoking the Full Faith and Credit Clause was Greenfield’s equivalent of a Royal Flush, a powerful play with wide-ranging implications. This legal gambit’s riveting repercussions underline the robust judicial principle of full faith and credit. In the case, the Louisiana Fourth Circuit Court of Appeal affirmed the State District Court’s decision that the judgments against the Appellants were entitled to full faith and credit.

To explain, Greenfield Advisors (“Greenfield”), who were owed a hefty sum of around $700,000 by Salas & Co. (“Salas”), took the dispute to court. Salas, who had hired Greenfield for various legal consulting services, had only paid a fraction of the amount. Greenfield filed a lawsuit, and the legal wrangling kicked off in earnest. The case found itself in the Federal District Court in Washington after Salas requested a transfer. With the dispute in arbitration, Greenfield came out on top, awarded $331,316.48, along with a generous interest rate. The battle, however, was far from over.

In the Louisiana court, Salas argued that the Federal District Court overstepped its jurisdiction, suggesting that the Louisiana court should examine this issue before acknowledging the federal judiciary. The Full Faith and Credit Clause, a crucial element of the U.S. Constitution, became the focal point. Under Louisiana law, any judgment, decree, or order of a court of the United States or any other court is entitled to full faith and credit in this state. LA R.S. 13:4241. A judgment delivered by a court in one state should be respected and enforced by all other states.

June 27, 2023

Pregnancy as a Disability and Employment Discrimination: A Case Analysis

by Berniard Law Firm

pregnancy_belly_expectant_mother-1024x683 Pregnancy invariably alters a woman’s life. The process is physically demanding and disruptive, but do these challenges entitle a female employee to disability status under the law? According to a recent Slidell, Louisiana lawsuit, pregnancy is not considered a disability under Louisiana employment discrimination law.

Shameka Brown worked as a mobile blood center supervisor. Brown was seven months into a difficult pregnancy when she vomited and urinated on herself at work. Embarrassed, Brown left for home during the middle of her shift to change clothing without notifying her supervisor. Two hours later, Brown telephoned her supervisor and then returned to work. Brown did not provide details of her pregnancy-related illness during the call. While Brown was away, a manager discovered her absence amidst a busy center. Brown was soon after terminated for abandoning her assigned duty without appropriately notifying her supervisor.

Brown filed a lawsuit in the Civil District Court for Orleans Parish which dismissed the case. Brown appealed to the Louisiana Fourth Circuit Court of Appeal. Brown sought damages for both employment discrimination and pregnancy discrimination. To successfully prevail under employment discrimination, Brown had to prove three things: 1) disability; 2) qualified for the job, and 3) termination made solely because of the disability. See Thomas v. Louisiana Casino Cruises, Inc., 886 So. 2d 468 (La. Ct. App. 2004). A disabled person has a mental or physical impairment that substantially limits major life activities such as caring for oneself, walking, seeing, hearing, breathing, learning, working, etc. See La. R.S. 23:322.

June 23, 2023

Trial Courts Must Use Clear, Definite Language For a Final Judgment to be Valid and Appealable

by Berniard Law Firm

hammer_court_dollar_dollar-1024x768 Every day, individuals rely on the court system to resolve disputes, to ensure due process, and to serve justice. Individuals who are victims of an accident and suffered injury often need the courts to be restored to their previous condition. However, when a court issues an unclear final judgment, you need an excellent attorney to assist in sorting through the confusion and helping you find relief.

Luis Espinoza-Peraza was involved in a car accident and sustained injuries after being rear-ended by a car owned and operated by Martha Alexander and Willard Belton. He brought this lawsuit in November 2012, seeking damages from Belton, Alexander, and their insurer, Allstate. Allstate immediately sought a peremptory exception raising res judicata, meaning there had already been a final judgment on the matter, and could not be re-litigated. According to Allstate, it had previously issued a check to Espinoza-Peraza in relation to the accident, and he cashed the check with full knowledge of it being a final settlement.

Even though the trial court maintained the peremptory exception at a June 2014 hearing, the trial court did not sign the written judgment until January 2016. In the meantime, Espinoza-Peraza had moved for a new trial, but that motion was denied in September 2014. Then, in March 2015, the trial court finally signed a written judgment denying Espinoza-Peraza’s motion for a new trial and dismissed Belton, Alexander, and Allstate from the suit. Espinoza-Peraza then filed an appeal for the permitted peremptory exception and the denial of his motion for a new trial.

June 22, 2023

The Fine Print: Untangling Insurance Coverage Overlap

by Berniard Law Firm

hurricane_katrina_as_seen_0-1024x640 Dealing with the elements is an inherent part of construction work. Yet, sometimes the elements get unexpectedly unruly. This is where insurance is supposed to step in and compensate for delays or damage. In the following case, however, overlapping insurance policies made determining who should step up difficult.

Gibbs Construction, L.L.C was the general contractor for appellant National Rice Mill, L.L.C. Rice Mill hired Gibbs to renovate their new luxury apartment complex, Rice Mill Lofts. Gibbs hired Rush Masonry, Inc. as a subcontractor tasked with restoring the masonry related to the renovations. Before the renovation, Westchester Surplus Lines Insurance Company issued Rush Masonry a commercial general liability policy. This policy covered the restoration from February 2011 to February 2013. On top of the CGL coverage, the Fireman’s Fund Insurance Company also issued an excess liability policy to Rush Masonry during the same time period. A Zurich American Insurance Company CGL policy issued to Gibbs, the general contractor, also covered the restoration. The Zurich policy was in effect from January 2011 to January 2013.

During the restoration, the construction site experienced three instances of water intrusion. The first occurred during a thunderstorm in July 2011, and the second happened during Tropical Storms Lee and Isaac. General contractor Gibbs filed a lawsuit against Rice Mill for failure to make payments under the general contract. Rice Mill counter-claimed against Gibbs, Rush, Zurich, and other parties.

June 19, 2023

What is a Good Faith Termination in an Employment Case?

by Berniard Law Firm

police_police_man_uniform-1024x681 Workplaces have rules employees must follow. Termination for violation of these rules must be in good faith. What happens when an employee argues he was fired arbitrarily? The following case helps answer this question.

Nolvey Stelly was terminated from the Lafayette Police Department (LPD) for failing to follow orders. An investigation was ordered, and Stelly was suspended for fifteen days. He appealed the suspension, which was affirmed. Stelly then appealed to the trial court, which also upheld his suspension. Before his fifteen-day suspension, Stelly was called to a pre-determination hearing, which he secretly recorded and invited news outlets to attend. The recording and the invitation violated the LPD’s rules on professionalism. A second investigation was then conducted. During the investigation, Stelly was placed on paid administrative leave with strict orders not to engage in off-duty employment. Stelly worked a second job during this time, which prompted a third investigation of his misconduct. Stelly was then terminated.

Stelly appealed his termination to the Lafayette Municipal Fire and Police Civil Service Board (Board), which upheld the previous decisions. The trial court also affirmed the decision, which Stelly appealed. Stelly argued the ruling was not in good faith, the penalty was unreasonable, his actions did not violate the LPD’s operating procedures, his actions did not affect his working duties, and his discipline was not on par with his alleged offenses.

June 14, 2023

Courts Dismisses Claims Brought By Employee Who Voiced Criticisms In “Reply All” Email

by Berniard Law Firm

spam_mail_email_mailbox-1024x532 We can all relate to the embarrassment of hitting “reply all” on an email only intended for a smaller audience. Although usually “replying all” just results in embarrassment that eventually subsides, sometimes it can lead to more severe actions, such as losing your job.

Frith Malin worked as a deputy director at the Orleans Parrish Communications District (“OPCD”), which was responsible for providing 911 services. After she had worked there for eight years, the executive director of the OPCD emailed all employees to inform them one of OPCD’s board members had been named CEO of another organization so that he would be stepping down from OPCD’s board. Malin accidentally hit “reply all,” instead of emailing just OPCD’s executive director criticisms about the departing board member.

Three days later, Malin was suspended. OPCD conducted an internal investigation, which led to Malin’s eventual termination. A few months before sending the email, Malin had reported the Human Resources manager who investigated commentary related to sexually explicit images on six different occasions. There was no evidence Hobson was aware Malin had reported her, and Hobson was never disciplined. Following her termination, Malin filed a lawsuit against OPCD under 42 U.S.C. § 1983, claiming a violation of her First Amendment rights. She also brought claims under Title VII and La. R.S. 23:967, Louisiana’s whistleblower statute. She alleged OPCD had retaliated against her for reporting the Human Resources manager. OPCD filed a motion to dismiss, which the trial court granted. Malin appealed, arguing the trial court erred in dismissing her claims against OPCD.

June 11, 2023

While Injured Worker Claims Late Payment, Louisiana’s First Circuit Court of Appeals Focuses on Important Date

by Berniard Law Firm

purse_money_credit_squeeze-1024x683 For purposes of seeking an appeal, there is great importance in preserving the record, which may be done through admitting evidence at trial to support relevant claims. When the record has not been established at trial, it is difficult for the best attorneys to succeed on appeal. William Taylor (Mr. Taylor), the plaintiff in his case brought against Hanson North America (Hanson), ran into this evidentiary legal hurdle when he appealed the Office of Workers’ Compensation (OWC) decision denying his motion to Louisiana’s First Circuit Court of Appeal.

Twenty years before the First Circuit Court issued its 2015 opinion affirming the OWC decision, Mr. Taylor was injured in a work-related accident. His injuries left him permanently and totally disabled. Afterward, the OWC determined that Mr. Taylor was entitled to workers’ compensation benefits.

Years later, Mr. Taylor’s physicians recommended that he undergo a myelogram, CT scan, and physical therapy. However, Hanson, the successor in interest of his former employer, refused to authorize these treatments. In turn, Mr. Taylor filed a disputed claim with the OWC against Hanson, seeking penalties and attorney fees for Hanson’s failure to approve these treatments and for failure to timely pay his medical expenses and prescriptions.

June 9, 2023

When Is It Too Late to Request Paternity Blood Tests In Louisiana?

by Berniard Law Firm

child_paternity_kids_baby-1024x669 When a married couple welcomes a new child, the father is presumed to be the legal father. In many cases, the legal father is also the biological father. Unfortunately, there are cases when biological and legal fathers exist separately. What legal rights and remedies does a biological father have to this child? The timing of legal action is critical to answering the question.

Courts typically use the parties’ initials in cases involving a minor child. In a recent case on appeal from the Parish of Terrebonne, the alleged father, L.J.D., filed a lawsuit to establish paternity. L.J.D. alleged involvement with M.V.S. while she was married to J.P.S. M.V.S. had a child presumed to be J.P.S.’s legal child (the husband). L.J.D. wanted the Thirty-Second Judicial District Court for the Parish of Terrebonne to order blood testing of all parties. M.V.S. and J.P.S. responded, stating it was too late for L.J.D. to bring such an action because the child was older than one year. The District Court disagreed that it was too late and ordered M.V.S. to get a blood test. M.V.S. and J.P.S. appealed to the Louisiana First Circuit Court of Appeal, asserting the action was perempted.

Peremption is a period of time fixed by the law for the existence of a right. If the right is not exercised within the time limits statutorily prescribed, that right is extinguished at the end of the peremptive period. See La. C.C. 3458. Louisiana law states that if a child is presumed to be the child of another man, an action to establish paternity must be brought within one year from the child’s birth. See La.C.C. 198. The article also provides that if the mother deceives the father about his paternity, the father has one year from when he knew or should have known about paternity or within ten years of the child’s birth to bring an action. To request a court to order blood testing, a potential father must also have the right to file a petition to establish paternity. See La. R.S. 9:398.2(A)(2).

June 6, 2023

Who Is Responsible If I Was Injured in Jail Due to Unsafe Conditions?

by Berniard Law Firm

penitentiary_jail_police_crime-1024x768 Jails are supposed to be safe for the people in them and can’t expose inmates to unnecessary risk of injury. Even though prisons are not required to be legally comfortable, they must still provide safe living conditions. If someone gets hurt because of unsafe conditions in jail, they can seek relief from the county. This relief may come in different forms, but the inmate must follow administrative procedures outlined in the jail handbook or other administrative guides before filing a lawsuit.

Korey Bossier had water running through his jail cell from a nearby shower that he slipped on and injured himself. As a result, he filed a lawsuit against the Lafayette parish sheriff and jail for a tort action. At the trial court, the jail claimed the handbook had specific administrative remedies for grievances that Bossier did not undertake. The trial court threw out the case because Bossier did not follow specific administrative procedures outlined in the jail handbook before filing the lawsuit. Bossier appealed to the Third Circuit Court of Appeals to review his case.

In his appeal, Bossier argued the jail handbook does not have any section on administrative steps for an inmate to take when submitting a tort action or grievance. The only language in the grievance handbook does not clearly state any proscribed administrative remedies. The jail read the same section of the handbook as requiring a grievance report to be filed before any tort action can occur in a state court. The appeals court reviewed the trial court’s decision to see if the lower court correctly applied the law.