Social Media Discovery

In a case arising out of a motor vehicle accident, the defendant issued discovery requests seeking, among other things, plaintiff’s online postings related to... More

Liebeck, Move Over – There’s a New Plaintiff in the Coffee Game

Remember the “hot coffee case” (Liebeck v. McDonald’s Restaurants)? Well, now Starbucks is in the litigation crosshairs for its allegedly insufficient and falsely advertised... More

Do Not Wait – Timely Evidence is Necessary in Discovery Disputes

In the course of the discovery phase of federal court litigation, parties oftentimes find themselves in a heated discovery dispute. One party seeks production... More

Can a LLC Recover Damages for a Member’s Slip and Fall?

In Louisiana, corporations and business entities are juridical persons that often have rights similar to natural persons, i.e. humans. A recent decision by the... More

A Horse Named Mississippi

On an early February evening in 2012, plaintiffs were riding a brown horse named Mississippi on a public road in Calcasieu Parish. It was... More

Employee’s Internal Complaint of Faulty Equipment Does Not Give Rise Whistleblower Protection

Plaintiff brought suit against her former employer under Louisiana’s Whistleblower Statute, alleging that she was wrongfully terminated for reporting unsafe work equipment to management... More

Do Not Sign That Contract – The Doctrine of Apparent Authority

The Louisiana Second Circuit Court of Appeals recently decided an interesting case about the formation of contracts and arbitration agreements. Like so many contractual... More

An Attempt at Fax Filing a Petition is Sufficient to Interrupt Prescription

Plaintiff was injured on a city bus on May 1, 2013. He attempted to file suit on the one year anniversary by facsimile filing... More

Extra-Judicial Efforts to Informally Set Depositions Are Insufficient to Prevent Abandonment

In July 2001, plaintiff filed a lien against defendants. Defendant’s answered the lawsuit and discovery ensued. In 2005, plaintiff filed a motion and order... More

Professional Negligence Exception to LLC Liability Shield Narrowly Construed

Pursuant to Louisiana Revised 12:1320, a limited liability company (“LLC”) organized in Louisiana is “solely and exclusively” liable for its members and employees. However,... More