New Orleans Appeals Court Dismisses Appeal Due to Lack of Final Judgment, Underscoring Importance of Decretal Language

In a stark reminder of the importance of procedural precision in the legal world, the Louisiana Court of Appeal, Fourth Circuit, recently dismissed an appeal due to a lack of a final, appealable judgment. The case highlights the critical importance of precise decretal language in judgments, even in seemingly straightforward summary judgment grants. Cassandra Smith

September 18, 2024 No Comments

Wrongful Service, Case Dismissed: Louisiana Court Stresses Proper Procedure in Medical Malpractice Suit

The Importance of Accurate Service of Process Information in Lawsuits and Trial Court Errs by Granting an Exception of Prescription to Insurance Company

September 17, 2024 No Comments

Louisiana Court Grapples with Complexities of Adoption in Wrongful Death Case

A recent ruling by the Louisiana Court of Appeal, Third Circuit, has shed light on the complex interplay between adoption and the right to file wrongful death and survival actions. The consolidated cases, stemming from a tragic car accident that claimed the lives of Richard Stewart, Jr., and his two minor children, raised questions about

September 16, 2024 No Comments

Louisiana Court Raises the Bar on General Damages in Unprovoked Attack Case

In a recent decision, the Louisiana Court of Appeal, Third Circuit, affirmed and amended a default judgment in favor of Matthew Hillman, who was injured in an unprovoked attack by Corey Seneca. The court upheld the special damages award but found the general damages award to be abusively low, increasing it from $2,500 to $10,000.

September 15, 2024 No Comments

Louisiana Court Affirms Liability of Great Lakes Dredge and Dock in Jones Act Case

Who is a Seaman under the Jones Act Coverage? Enter the Chandris Test

September 15, 2024 No Comments

Louisiana Court Adjusts Damages in Car Accident Case, Emphasizes Need for General Damages

A recent ruling by the Louisiana Court of Appeal has highlighted the importance of awarding general damages in personal injury cases, even when the primary focus is on medical expenses. The case involved a car accident where the jury awarded the plaintiff past medical expenses but failed to award any general damages for pain and

September 13, 2024 No Comments

Louisiana Court Reverses Summary Judgment in Legal Malpractice Case, Underscoring Importance of Contractual Claims in Insurance Disputes

Louisiana Court Refuses to Assert Jurisdiction Over Conditional Judgment in Legal Malpractice Lawsuit and Understanding Legal Malpractice Claims: Establishing Negligence and Loss

September 13, 2024 No Comments

Understanding the Finality of Workers’ Compensation Settlements

res judicata, arguing that the matter had already been resolved. The court agreed and dismissed Hernandez’s second claim. Legal Principles at Play Res Judicata: This legal doctrine prevents the same parties from relitigating a matter that has already been decided by a court. Once a final judgment is rendered, it’s generally conclusive and binding on

September 12, 2024 No Comments

Work-Related Injury and Subsequent Leave: When is Compensation Due?

Navigating the complexities of workers’ compensation claims can be challenging, especially when subsequent health issues and leaves of absence are involved. A recent case highlights the importance of understanding the nuances of Louisiana workers’ compensation law and the critical role of proving causation in obtaining benefits. Jerry Neal, Jr., a radiology technician, sustained a back injury

September 10, 2024 No Comments

Work-Related Knee Injury Leads to Multiple Compensable Injuries: Louisiana Court’s Ruling

A recent ruling by the Louisiana Fifth Circuit Court of Appeal in Rodney Loar v. LUBA Worker’s Comp Terminix Service Company, Inc. highlights the complex nature of workers’ compensation claims and the challenges in determining which subsequent injuries are compensable. Rodney Loar, a technician for Terminix, injured his right knee and head in a work-related

September 9, 2024 No Comments

VIEWING ARCHIVES FOR:

Litigation

Search Our Legal Knowledge Base

New Orleans Appeals Court Dismisses Appeal Due to Lack of Final Judgment, Underscoring Importance of Decretal Language

Wrongful Service, Case Dismissed: Louisiana Court Stresses Proper Procedure in Medical Malpractice Suit

Louisiana Court Grapples with Complexities of Adoption in Wrongful Death Case

Louisiana Court Raises the Bar on General Damages in Unprovoked Attack Case

Louisiana Court Affirms Liability of Great Lakes Dredge and Dock in Jones Act Case

Louisiana Court Adjusts Damages in Car Accident Case, Emphasizes Need for General Damages

Louisiana Court Reverses Summary Judgment in Legal Malpractice Case, Underscoring Importance of Contractual Claims in Insurance Disputes

Understanding the Finality of Workers’ Compensation Settlements

Work-Related Knee Injury Leads to Multiple Compensable Injuries: Louisiana Court’s Ruling

Jeffrey Berniard

Archives

Ready to get answers from a qualified injury lawyer?

FREE Consultation

Call: 504-521-6000

Working Hours