When you’re facing a DWI charge, one of the many important factors you need to consider is which of your previous DWI convictions will (or won’t) “count” against you for purposes of determining how severe a punishment you should face for your current charge. The Louisiana Court of Appeal recently…
When you’ve been injured by the negligent actions, or inaction, of others, you likely have a lot of things on your mind. If your injuries are the result of negligence committed by a health care provider, it is very important to understand exactly what requirements the law imposes on you…
Defending yourself in a criminal matter in Louisiana, such as a DWI case, involves many parts. In addition to addressing the issue of guilt or innocence, there is also the aspect of sentencing. A pair of recent Louisiana Court of Appeal cases offer some useful insight into what must (and…
Black Friday is a big day among retailers and many holiday shoppers. Unfortunately, Black Friday 2009 was a very painful day for one area shopper who slipped and fell in the vestibule of a department store in Kenner. Making matters worse, Louisiana’s Fifth Circuit Court of Appeal decided that the…
A New Orleans area family will be allowed to pursue the West Jefferson Medical Center for malpractice after a patient fell and suffered serious injuries while under the hospital’s care. The Louisiana Court of Appeal concluded that the family’s compelling evidence, along with the inconsistencies in the hospital’s proof, were…
A man facing conviction on his fifth drunk driving charge could not be required to serve the entire 20-year jail sentence without the possibility of parole, probation, or suspension of his sentence. The trial court’s sentence was improper, according to a recent Louisiana Court of Appeal ruling, because the statute…
A recent tragedy has occurred that could have been easily prevented. A crash on the Belle Chasse Bridge caused one man to be seriously injured and another to be killed. On the morning of the crash the conditions were cold and rainy causing the roads to be dangerous. A 2007…
When you are injured in an auto accident, dealing with insurance companies is often challenging, especially in cases with more complex issues, since the insurers may seek any basis for denying coverage and refusing you the compensation you deserve. In one recent case, the Louisiana Supreme Court decided that a motorcyclist…
One of the particularly noteworthy decisions from last year provides clarification and sets limitations regarding how district attorneys and sheriffs can collect payments for investigation and prosecution costs from persons convicted of DUI. The Louisiana Court of Appeal resolved the appeal of one man who had challenged the assessment of…
Louisiana Civil Code article 2320 is the foundation for the theory of respondeat superior, which in Latin means ‘Let the Master Answer.’ It states, “Masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed.” Therefore,…