statute of limitations. Micken appealed, arguing that the substitution of defendants should relate back to the original filing date, making her lawsuit timely. The Court of Appeal, however, upheld the trial court’s decision, emphasizing the importance of naming the correct parties within the prescribed time frame. Key Takeaways: This case serves as a stark reminder
A picturesque pond, once teeming with life, transformed into a murky, foul-smelling mess. The culprit? Alleged sewage contamination from a neighboring apartment complex. This is the story of Cedar Lodge Plantation’s battle against Fairway View Apartments in Baton Rouge, Louisiana, a legal fight that highlights the complexities of environmental disputes and property damage claims. The
Can You Sue an Out-of-State Employer in Louisiana? Personal Jurisdiction Limits
St. Tammany Parish Alleged Fail Air Bag Louisiana Products Liability Act Lawsuit Dismissed
In a victory for consumer rights, the Louisiana Fifth Circuit Court of Appeal recently overturned a trial court’s decision to dismiss a redhibition claim against Mercedes-Benz USA (MBUSA). The case, Philip A. Franco v. Mercedes-Benz USA, LLC, involved a defective airbag and highlights the interplay between safety recalls and Louisiana’s redhibition laws. Case Background Philip
The High Cost of Overlooking Fine Print: A Cautionary Tale of Settlements and Release Forms
In a ruling emphasizing the critical importance of adhering to legal deadlines, the Louisiana Court of Appeal, Fifth Circuit, affirmed the dismissal of a personal injury lawsuit due to prescription, leaving the injured plaintiff without recourse. In the case, the court affirmed a trial court judgment that dismissed Tammy Blanchard’s personal injury claims due to
Slip-and-fall Lawsuit Dismissed for Lack of Actual or Constructive Notice
Can Independent Contractors Performing Manual Labor Receive Workers’ Compensation Benefits in Louisiana?
In a poignant reminder of the potential consequences of attorney negligence, the Louisiana Court of Appeal recently upheld a substantial $200,000 legal malpractice award to four siblings who tragically lost their brother due to their former attorneys’ alleged mishandling of a wrongful death lawsuit. This case highlights the importance of competent legal representation and the potential
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.