Louisiana Personal Injury Lawyer Blog
Timing is always important; however, in legal matters, it determines whether you can even bring a lawsuit to the courts. In most states, the time frame to bring lawsuits is called the statute of limitations, and in Louisiana, it is called prescription. Generally, you have one year to file a lawsuit. However, that time period can change depending on several factors. The intricacies of prescription recently resulted in dismissing a case out of the Florida Parishes.
In 2006, Tammy L. Briggs was hired as a cook by the Florida Parishes Juvenile Detention Center. She was fired on August 19, 2014, for violating the Detention Center’s rules and procedures. Ms. Briggs filed an Equal Employment Opportunity Commission (EEOC) complaint with the Louisiana Commission on Human Rights, stating that her termination was based on racial and gender discrimination.
A year later, the EEOC sent Ms. Briggs a “Dismissal and Notice of Rights” letter, stating that, after its investigation, it could not conclude that any violation had occurred. The “Dismissal and Notice of Rights” included information saying that Ms. Briggs only had 90 days to file a lawsuit against the defendants, Florida Parishes Juvenile Justice Commission, and the Detention Center. However, she filed her lawsuit on December 8, 2015, and the defendants raised the objection of prescription by filing a peremptory exception or in the alternative, motion for summary judgment. This means that the defendants argued that the lawsuit was filed too late. Because the case was filed too late, they argued that the Twenty-First Judicial District Court for the Parish of Tangipahoa should dismiss it.
Imagine you were just in an accident, and you pulled over on the shoulder of the interstate highway. Traffic is roaring in your ears, the wind is whipping past your face, and you can feel the congested car flows as your tires buzz. Luckily, you are not injured. As you are waiting for the police to arrive, another collision happens right beside you two. Brakes are being slammed, and horns are being blown, but the chain reaction is just unstoppable. A third car darts into the road shoulder, toppling the vehicle behind you and slamming it in your direction. You are hit again.
Decretal language, what on earth is it, and why is it so important? The Louisiana Third Circuit Court of Appeal recently dismissed an appeal because the trial court’s judgment lacked proper decretal language. So what are these “magic words”? Why are they indispensable for a final judgment to be given legal effect?
It is a sadly familiar scenario: a family suffers a loss and soon after devolves to fighting over the will. The family may never imagine turning against one another, yet it happens over and over. The Youngblood family from Caddo Parish recently found themselves in such a fight. 
Imagine an injury on a ladder, lawnmower, boat, or other manufactured product. The product might appear defective; however, is defectiveness sufficient to win a lawsuit against the manufacturer? Under Louisiana law, to prevail in a lawsuit alleging medical injuries from a defective product, a plaintiff must provide adequate medical evidence to support that the injuries likely resulted from the defective product. This is referred to as “medical causation.” Without establishing medical causation, you may not be able to recover for your injuries. 
The difficulty of losing a loved one is compounded when death results from a faulty product. Further anguish occurs when a lawsuit against the defective product manufacturer is dismissed, barring recovery. It is essential to be aware that there are many deadlines and requirements to comply with to avoid the dismissal of a lawsuit. This is the situation in which the Lemieux family found themselves following their loved one’s death. 
What would you do if you were heir to property and found out the City had issued a demolition order for that property? A recent case decided in New Orleans discusses that question. The City of New Orleans, Louisiana, brought administrative proceedings against property owners whose property was allegedly blighted. However, the situation became more complicated because the property owners were deceased. 
Knowing what is in an insurance agreement can determine whether or not you are covered for different injuries. If a buyer signed a policy, did not ensure that certain aspects were covered, and then never bothered to check or revise the policy, this person will likely be held accountable for knowing precisely what is in that policy.
The history of American jurisprudence is filled with various attempts by state legislatures and courts to grapple with the issue of liability that should be imposed on those in the business of serving alcohol. On the one hand, it makes logical sense to hold bars responsible for profiting from serving drinks to patrons to the point of intoxication and sending them out the door to wreak havoc on the world. Indeed, many jurisdictions have enacted “dram shop” laws to create this kind of liability. On the other hand, individual responsibility is a strong and enduring concept, and many states place the responsibility for drunken behavior squarely on the party that imbibes.
One of the first things that occur after a car accident is the parties exchange insurance information. But, unfortunately, just because someone has an insurance card doesn’t always mean they are covered for the wreck they caused. A driver in Metairie learned that lesson the hard way, as shown by the case below.