In law, there is a saying that you do not get two bites from the same apple. This means if a court issues a final judgment on the merits of your claim, you cannot file another lawsuit against the same parties involving the same claim. Does a dismissal without prejudice…
Articles Posted in Random Miscellaneous
Who Has a Right to Keep a Deposit in Failed Home Sale if the Financing Contingency Fails?
Buying a house can often lead to significant stress, particularly due to the substantial financial commitments involved. A prevalent feature in real estate contracts is known as a “contingency.” One notable example is the financing contingency, which stipulates that the sale of a property is dependent on the buyer successfully…
Attack Of The Campaign Ads: What Constitutes Defamation In Political Ads?
Personal attacks often take center stage in the tumultuous arena of modern political campaigns, leaving no stone unturned and no reputation untouched. Yet, amidst this well-trodden path of character assaults, a unique legal battle emerges, where the crosshairs were not directed at a political rival but rather a candidate’s ex-spouse.…
The Consequences of Ignoring Court Notices in Louisiana
If you receive notice of a court hearing, you must pay attention to it. The following case shows the potential adverse consequences if you ignore a court hearing notice. These can include a warrant being issued for your arrest or having your lawsuit dismissed. However, the case also unveils a…
Unveiling the Struggle for Accessibility: Lawsuit Dismissal Sheds Light on Systemic Challenges
Imagine the hardships of being denied basic necessities solely because of a disability. In such cases, how can individuals with disabilities navigate the legal system to seek justice and equal treatment? These questions gain significant relevance when we examine recent allegations of denied accommodations and rights violations. This situation sheds…
Louisiana Court Holds Mortgage Without Legal Description Of Property Invalid
The world of mortgages can be daunting, especially when it involves your most significant asset – your home. This is especially true when there are multiple property owners, or there have been multiple transactions and conveyances of this property. Ensuring the validity of a mortgage is paramount, and as the…
Can A Sexual Harassment Claim Succeed Where Boss Instructs Employee To Date A Prospective Client?
When you think about sexual harassment claims, the first thing that likely comes to mind is a superior harassing another employee. However, what happens if the superior instructs another employee to date a prospective client? Tyanne Davenport was hired to be the administrator at an Edward Jones Office. On multiple…
Terminated Employee Not Entitled to Additional Unpaid Wages
Getting terminated from a job is always a stressful situation. You are likely concerned about how you are going to make ends meet. This is even more true if you believe your former employer has not paid you all the wages you are entitled to. Rick Calamia worked for Core…
What Constitutes a Violation of a Prisoner’s Constitutional Rights?
Prisoners, like all individuals, retain their constitutional rights even while incarcerated. However, proving a violation of these rights within the prison system can be challenging, as demonstrated in the following case. This case considers what a prisoner must show to succeed in a lawsuit against a prison supervisor alleging a…
Duck Dynasty Prevails In Beverage Dispute Because of Ambiguous Contractual Term
Even celebrities must deal with the often mundane task of negotiating and signing contracts. Although it can be tempting to sign a contract without reading it in depth or consulting with a lawyer, this case illustrates the importance of understanding every term and condition of a contract because of the…