Due to the heavy demands on the court system, the Louisiana Code of Civil Procedure includes several provisions to ensure that litigants do not unduly delay the resolution of their disputes. One of these is the concept of abandonment, which refers to an excessive lapse of time without any forward progress in a case. Generally,
Louisiana jurisprudence recognizes the concept of the interlocutory appeal, which is an appeal of a ruling by the trial court before the verdict is ultimately rendered. An interlocutory appeal is available only for issues that would directly affect the trial’s outcome or that would not be reviewable except by immediate appeal. Thus, not all interlocutory
Time is of the essence when it comes to filing a suit to address a grievance. If too much time passes, one may be barred from filing a lawsuit. The time period for filing a lawsuit is known as the “prescriptive time period.” For example, a lawsuit for personal injury is subject to a one-year
Under Louisiana jurisprudence, daycare workers and other temporary custodians of children are required to exercise the “highest degree of care” toward their charges. However, they are not “insurers of the children’s safety” with unlimited responsibility. Rather, the law requires custodians to follow a standard of care that is appropriate for the age of the children
If a homeowner insures his home and then suffers damage to the structure, the process of making a claim and being paid for the loss can be long and frustrating. Frequently, the insurance company will arrive at its value of the loss and attempt to persuade the homeowner to accept that value, even if it
The story behind Davis v. Foremost Dairies is a tale of a woman who could be considered at least slightly accident prone. Three different doctors weighed in on the probable cause of her main injury, a bulge in the disc between two of the vertebrae in her neck. In addition to the car accident with
Class actions are a common and popular legal tool for cases involving a large group of people who share the same grievance against a defendant. Specifically, the plaintiffs have to have a real and actual interest in order to join a class action. An issue may arise however, if a plaintiff’s interest is called into
Roxane Montgomery was hired in October of 2001 as an assistant manager for a video store owned by C & C Self Enterprises, Inc. in Lake Charles. She was 41 years old. Five months later, on April 8, 2002, she was terminated. Ms. Montgomery sued C & C Self Enterprises claiming that she was terminated
With little details available, the residents of New Iberia sit and wait to find out more about an explosion that took place at the Multi-Chem plant. Conflicting reports exist regarding harm caused by the incident, though the most recent release states all plant employees are accounted for and there were no reported injuries. A 1-5
An explosion at the Multi-Chem Corporation chemical plant, followed by a series of smaller ones, has led to an evacuation of the area’s residents. Preliminary reports indicate that no injuries have taken place but it will take some time before a full understanding of the incident is known. The company, which creates oilfield product chemicals,
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.
Due to the heavy demands on the court system, the Louisiana Code of Civil Procedure includes several provisions to ensure that litigants do not unduly delay the resolution of their disputes. One of these is the concept of abandonment, which refers to an excessive lapse of time without any forward progress in a case. Generally,
Louisiana jurisprudence recognizes the concept of the interlocutory appeal, which is an appeal of a ruling by the trial court before the verdict is ultimately rendered. An interlocutory appeal is available only for issues that would directly affect the trial’s outcome or that would not be reviewable except by immediate appeal. Thus, not all interlocutory
Time is of the essence when it comes to filing a suit to address a grievance. If too much time passes, one may be barred from filing a lawsuit. The time period for filing a lawsuit is known as the “prescriptive time period.” For example, a lawsuit for personal injury is subject to a one-year
Under Louisiana jurisprudence, daycare workers and other temporary custodians of children are required to exercise the “highest degree of care” toward their charges. However, they are not “insurers of the children’s safety” with unlimited responsibility. Rather, the law requires custodians to follow a standard of care that is appropriate for the age of the children
If a homeowner insures his home and then suffers damage to the structure, the process of making a claim and being paid for the loss can be long and frustrating. Frequently, the insurance company will arrive at its value of the loss and attempt to persuade the homeowner to accept that value, even if it
The story behind Davis v. Foremost Dairies is a tale of a woman who could be considered at least slightly accident prone. Three different doctors weighed in on the probable cause of her main injury, a bulge in the disc between two of the vertebrae in her neck. In addition to the car accident with
Class actions are a common and popular legal tool for cases involving a large group of people who share the same grievance against a defendant. Specifically, the plaintiffs have to have a real and actual interest in order to join a class action. An issue may arise however, if a plaintiff’s interest is called into
Roxane Montgomery was hired in October of 2001 as an assistant manager for a video store owned by C & C Self Enterprises, Inc. in Lake Charles. She was 41 years old. Five months later, on April 8, 2002, she was terminated. Ms. Montgomery sued C & C Self Enterprises claiming that she was terminated
With little details available, the residents of New Iberia sit and wait to find out more about an explosion that took place at the Multi-Chem plant. Conflicting reports exist regarding harm caused by the incident, though the most recent release states all plant employees are accounted for and there were no reported injuries. A 1-5
An explosion at the Multi-Chem Corporation chemical plant, followed by a series of smaller ones, has led to an evacuation of the area’s residents. Preliminary reports indicate that no injuries have taken place but it will take some time before a full understanding of the incident is known. The company, which creates oilfield product chemicals,