Louisiana Civil Litigation Legal Questions

Assuming that your father did not die mysteriously from a blow to the head and you did not find your father's body, you might, to the extent that your brother was implying to others (it doesn't matter what he said to you) that you may have had something to do with your faither's death, have a claim for defamation.  However, statutes of limitations for defamation are generally short (1 year in NY, don't know about LA), and it sounds as if most of this took place quite a while ago.... Read More

With all due respect to your police friend, I think he/she is wrong.  It's a crime to withhold osmeone's mail.  Google "is it a crime to withhold someone's mail" and you'll see.  The fact that you have a claim against that person for money you cliam she owes you (all it is is a claim until and unless you win a lawuit and get a judgment, but you still woulnd' thave the right to withhold her mail) doesn't change this.  You have no contract with this person in which she agrees to let you withhold her mail until she pays you back, nor is there any statute which allows you to withhold mail until your claim is satisfied.  Give her her mail and sue her in small claims court.... Read More

Yes, but remember that defamation requires a false statement of fact, not opinion.  Something like "he's a slimeball" is an opinion and not actionable.  Also, depending on exactly what statements have been made, you may need to prove actual damages - how these statements cost you money - to succeed on your claim.... Read More

This is not a completely simple question. One child can file. However, the other children are likely "indispensable parties", and the defendant(s) may file an "exception" for "failure to join indispensable parties. The court would have to determine at that time how to proceed without the other children.  Is there a reason why the other children do not wish to file? I could be more specific if I knew a few more details.    Best wishes, jukie quinn ... Read More

Punitive damages, also known as exemplary damages, are damages above and beyone the monetary loss suffered by the claimant, which are designed not to reimburse the wronged party, but to punish the wrongdoer.  As a general rule they are not available for breach of contract claims, and are only awarded for the most egregious torts.  Thus, for example, if you take a sledgehammer to my car because you're mad at me, the compensatory damages I can recover are the lesser of the cost or repairing my car, or the loss in value to the car.  However, because your actions were deliberate and egregious, I may also be able to collect additional damages unrelated to the damage done to my car, as a means of punishing you and deterring you, and others, from engaging in such wrongful conduct in the future.... Read More

We would need a bit more information to see if there was negligence on the part of the correctional facility. We have a criminal law section and a civil rights of our firm that handles these claims. Please feel free to call us at 504-522-5607 so we can learn more details.    Thank you, julie Quinn ... Read More

Please call my law partner regarding this matter.  He handles bad faith against insurance companies, and would need to see if the Home Warranty company is covered by these bad faith statutes and what your best recourse is.   Justin Alsterberg 504-522-5607 justin@quinnalsterberg.com   Thank you, Julie Quinn ... Read More

There are statutes of limitations on every civil cause of action.  Your claim can be characterized as either a breach of contract or the tort of conversion.  I don't know what the statutes of limitations are on these claims in Louisianna; in New York they are 6 years for breach of contract and 3 years for conversion, but many states have shorter statutes of limitations.  If you want to sue, you should get a move on.... Read More

If you did not have notice of the suit against you, you should move to vacate the judgment on that ground.  The procedure in LA is probably a little different than the procedure in the states in which I practice, so you should consult a Louisianna lawyer or the Clerk of the Court in which the judgment was entered.... Read More

I'm not familiar with Louisiana law, but I know it is a little idiosyncratic.  However, I'm pretty sure that Louisiana will follow the general law in this area, which is that, since you had no reason to know of any claim on the land when you bought it, you are what's known as bona fide purchasers for value, and should not have to worry about losing  the land, whatever was the private agreement between your seller and her ex.  The answer would be different if the seller had told you about the claim, or the exhusband had recorded it, before you bought.... Read More

In general, yes. A creditor has no duty to provide you with "verification documents" prior to suing you. You may obtain the documents that relate to the creditor's claim during the course of discovery in the litigation once you are sued, but that's about it. Most creditors will voluntarily give you this information at any time, since it improves their chances of getting paid; but they have no duty to do so. A slightly different result may apply when the "someone" who is suing you is a collection agency rather than a creditor itself. A collection agency must "verify" the debt under federal law, if you demand that they do so. But that means merely that the collection agency must speak with the actual creditor or otherwise "verify" that the debt is correct. It does not mean that you are entitled to documents.... Read More

I really need more facts to give you an accurate take.  Your rights will depend on the nature and extent of your west nile related illness and limitations, the nature of your employment, the location of your job where you contracted the virus, and your work history with that employer. You should contact a personal injury/workers' compensation lawyer in your area.   Good luck. Michael Barras  ... Read More

I'm not sure if I understand your initial question.  However, in an investigation, a police agency has the authority to issue supplemental reports based on whatever evidence that they deem appropriate.  After the police agency believes that it has sufficient evidence, it will send the case to the district attorney's office, who will decide whether formal charges will be brought. Sometimes, the district attorney's office refuses charges submitted to it by police agencies.  And, sometimes formal charges are instituted. With respect to the drug test results, sometimes scientific analysis is necessary to determine the validity of the test (process, sample, and results). I believe that the arrested person definitely needs to seek out the services of a criminal defense attorney. Michael L. Barras... Read More