Insurance Dispute Lawyer Blog

Who Has a Right to Keep a Deposit in Failed Home Sale if the Financing Contingency Fails?

Published on: August 8, 2023 | By Berniard Law Firm

home_villa_building_dream 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 obtaining a fitting mortgage. However, an intriguing scenario emerges: What transpires if a contract with a financing contingency unravels after the buyer has already submitted a deposit? The ensuing question arises – who rightfully lays claim to this deposited amount? The forthcoming legal case delves into this intricate web of uncertainties, providing insights that shed light on the matter.

Andrea Saltau-Talbot wanted to buy a residential property in Alexandria, Louisiana. She entered an Agreement to buy the property and extended the closing date twice, but the sale never went through. Talbot and the sellers claimed they were entitled to the $30,000 deposit she had provided under the Agreement. The Agreement contained a financing contingency, but the blanks for the specific conditions included a “TBD.” Talbot claimed she had been unable to secure suitable financing, so she was entitled to have the deposit returned to her.

A lawsuit followed to determine who was owed the deposit. After a hearing, the trial court ruled the Seller was entitled to the deposit because Talbot had not proved she had made a good faith effort to obtain financing. Talbot appealed.

Sufficient Evidence Essential To Establish Damages From Car Accident Lawsuits

Published on: August 7, 2023 | By Berniard Law Firm

car_racing_crash_accident-scaled In the aftermath of a car accident, the quest for justice often extends beyond determining fault, delving into the intricate realm of calculating damages. Even when the liability is undisputed, securing compensation can be laden with legal complexities. The following case unveils the story of Shelley Cooley, a collision victim navigating the labyrinth of litigation to ascertain the rightful compensation for her injuries. The journey sheds light on the indispensable role of compelling evidence, from medical testimony to personal accounts, in establishing the magnitude of damages in the aftermath of an accident.

Shelley Cooley was involved in a car accident where her car was hit from behind by a car driven by Timothy Adgate, who worked for the City of Shreveport. Cooley had to obtain medical treatment after the accident for pain in her knee, back, and neck. Cooley filed a lawsuit against Adgate and the City of Shreveport. The parties agreed the City of Shreveport was liable because Adgate was completely responsible for the accident while working as a police officer. The only issue at trial was the amount of damages owed to Cooley.

Cooley was the only witness to testify at trial. Medical evidence was presented through the deposition transcripts of various doctors. The trial court ruled the accident had exacerbated Cooley’s pre-existing medical issues but declined to award any damages for future medical expenses because the evidence about future medical expenses was speculative. The trial court awarded Cooley $50,000 in general damages and $79,508.66 for past medical expenses. Cooley filed an appeal.

Attack Of The Campaign Ads: What Constitutes Defamation In Political Ads?

Published on: August 6, 2023 | By Berniard Law Firm

united_states_capitol_politics_1-scaled 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. In a case that blurs the lines between public discourse and private matters, the spotlight falls on the intersection of defamation claims and the exercise of free speech. Can a campaign ad’s accusations against an ex-spouse be enough to launch a successful legal battle?

Nicholas Schittone filed a lawsuit against Brooke Stoma, Candyce Perret, and Perret for Judge Campaign, LLC for defamation related to a commercial advertisement that ran on television and radio related to Perret’s candidacy in an election for an open judgeship position on the Third Circuit Court of Appeal in Louisiana. Schittone claimed the advertisements included defamatory statements that accused him of being abusive to his child and ex-wife, Stoma. He admitted his name was not used in the advertisement but claimed the content made it obvious to those who knew him that the accusations related to him.

The defendants filed a special motion to strike under La. C.C.P. art. 971 and claimed Schittone’s lawsuit should be dismissed because he could not meet his burden that he was likely to succeed in his claim on the merits. The trial court denied the defendant’s special motion to strike, finding Schittone was not running for office, so the issues in the campaign were not of public interest or concern, so the commercial did not relate to their exercise of free speech. The trial court also awarded Schittone attorneys’ fees. The defendants filed an appeal.

The Consequences of Ignoring Court Notices in Louisiana

Published on: August 5, 2023 | By Berniard Law Firm

prison_prison_window_window-1-scaled 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 glimmer of hope for those entangled in such legal dilemmas, offering a glimpse into the avenues available to those who believe justice has been denied.

Rita and Summer Brown were arrested for outstanding warrants from their failure to appear at a judgment debtor rule hearing. After their arrest, they filed lawsuits against the Terrebonne Parish Sheriff’s Office, Sheriff Jerry Larpenter, and an unnamed insurance company, seeking damages for false arrest. The claims against the Terrebonne Parish Sheriff’s Office were dismissed. The lawsuit against Larpenter went to trial. The court ruled in favor of Larpenter. The Browns then appealed.

The Browns argued they had never been served the notice for the judgment debtor rule court hearing, so they were unaware they were required to appear in court. They also claimed they were unaware of the subsequent warrants for their arrest after they failed to appear at the hearing.

Unveiling the Struggle for Accessibility: Lawsuit Dismissal Sheds Light on Systemic Challenges

Published on: August 4, 2023 | By Berniard Law Firm

sydney_prison_offshore_prison-scaled 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 light on the challenges confronted by individuals with disabilities and raises important considerations regarding the responsibility of institutions to provide reasonable accommodations. The pursuit of justice and equal rights is a fundamental principle in any democratic society, yet there are instances where individuals encounter substantial obstacles, particularly in cases involving accessibility rights.

Sherman Mealy, a paraplegic confined to a wheelchair, faced significant difficulties while in East Baton Rouge Parish Prison. After his release, he filed a lawsuit against Sheriff Sid J. Gautreaux III, the City, and Parish. Mealy alleged that he was denied wheelchair-accessible showers and had to rely on other inmates for assistance. He also claimed that he was denied crucial medical supplies, resulting in physical injury, property damage, and emotional distress.

Mealy’s lawsuit was based on violations of the Americans with Disabilities Act (ADA), Rehabilitation Act, and 42 U.S.C. § 1983. The ADA, Rehabilitation Act, and 42 U.S.C. § 1983 aim to protect the rights of individuals with disabilities. These laws ensure equal access to public services, prohibit disability-based discrimination and enable individuals to seek remedies for rights violations. Mealy argued that the defendants failed to provide reasonable accommodations for his disability. Denying him wheelchair-accessible showers and essential medical supplies worsened the challenges he faced during his incarceration.

Tutrix Was Proper Party To Bring Legal Malpractice Claim On Behalf of Minor

Published on: August 3, 2023 | By Berniard Law Firm

court_justice_munich_bavaria-scaled A minor is generally unable to bring a lawsuit on their behalf. As seen in the following case, this can lead to disputes about who the proper party is to bring a lawsuit for the minor.

Shannon Jones and Jennifer Brunelle filed a lawsuit against healthcare providers, the manufacturers of a device used in surgery, and loss of consortium claims for their daughter, Haley Jones. They retained an attorney, Gary Roth, to represent them. They settled the medical malpractice claim against one of the defendants. Brunelle received letters appointing her as natural tutrix for their minor daughter, Haley Jones. They then filed a petition in the medical malpractice lawsuit to approve the settlement, which the court granted.

Brunelle then discharged Roth as her attorney and retained attorneys at the Gainsburgh firm. With the new representation, they settled with the medical device manufacturer. The settlement was not finalized until months later. Brunelle claimed her attorneys had committed legal malpractice while negotiating the settlement agreement and caused delays in finalizing it. After extensive disputes related to the underlying facts in the case, the trial court eventually granted the Roth defendants summary judgment motion. It dismissed Brunelle’s legal malpractice claims against the Roth attorneys. Brunelle appealed, claiming the trial court erred in dismissing her claims.

Louisiana Court Holds Mortgage Without Legal Description Of Property Invalid

Published on: August 2, 2023 | By Berniard Law Firm

private_property_sign_posted-scaled 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 following case demonstrates, strict requirements must be met to safeguard property owners’ rights. It also helps answer the question; What happens if a mortgage is recorded without a legal description of the property?

Marjorie Porter received full ownership of a property as part of her divorce settlement with her ex-husband. Decades later, Porter allegedly made an act of donation of half of the property to her daughter, Sandie Parkman. Porter allegedly executed a mortgage on the jointly owned property. A few days after the mortgage was signed, Parkman attempted to donate her interest to her mother. However, her mother never accepted the donation and subsequently died.

Ocwen Loan Servicing LLC then filed a lawsuit to recognize the validity of the mortgage Porter had executed. Ocwen named Parkman as a defendant as well as Porter’s succession. Parkman argued Ocwen did not have a cause of action because there was no valid mortgage. She claimed the mortgage was partly invalid because it did not include a legal description of the at-issue property in the document recording the mortgage. The trial court denied Parkman’s motion. Parkman appealed.

Louisiana Appellate Court Cannot Review Merits Of Case Without Final Valid Judgment

Published on: August 1, 2023 | By Berniard Law Firm

fire_house_burns_cemetery-scaled Mistakes are inevitable in human experiences, but some mistakes can have significant legal consequences. Just like regular folks, courts are infallible and make mistakes as well. What happens when a court fails to include all required information in a judgment? Such a failure creates confusion and can impede the appeals process and delay justice for the parties involved, as seen in the following case.

Unfortunately, a house fire occurred at the home where Thomas Bayer and Laura Kelley resided. The fire resulted from a gas explosion that occurred while employees of Cimarron Underground were working on a gas meter on the property. They cut a gas line, resulting in a fire. As a result of the fire, Bayer and Kelly had to vacate their property for several weeks while the house underwent repairs.

Bayer and Kelly filed a lawsuit against Cimarron Underground, their insurance company Starr Indemnity & Liability, and others, claiming the defendant’s negligence caused the fire and resulting injuries and inconvenience. Cimarron Underground filed a summary judgment motion. The trial court held a hearing, where it orally granted Cimarron Underground’s summary judgment motion.

Workers’ Compensation Settlements: Protecting Your Social Security Benefits and Rights

Published on: July 31, 2023 | By Berniard Law Firm

workers_road_workers_site-scaled Settling a lawsuit can have many far-reaching effects. Not only will it result in the dismissal of your lawsuit, but it could also affect things such as your social security benefits. Therefore, it is important that you consult with an attorney and carefully consider if a settlement is in your best interest. Additionally, as seen in this case, if you accept a settlement offer, you must ensure the related court order includes all required aspects so you do not have to deal with unintended consequences.

Kenneth Clark and his employer, Walgreens, reached a settlement related to Clark’s workers’ compensation claim. A workers’ compensation judge approved the settlement and entered a judgment dismissing the claim. Clark then petitioned the workers’ compensation judge to amend the judgment to include language to divide the indemnity part of his settlement across his lifetime. This proposed amendment would not change the total amount of the settlement. Clark wanted this amendment so the Social Security Administration could pro-rate the settlement so it could calculate the required disability offset. Walgreens objected to this amendment. After a hearing, a workers’ compensation judge entered an amended order reflecting Clark’s requested language. Walgreens appealed.

On appeal, Walgreen argued the trial court did not have jurisdiction to amend the initial order approving Clark’s settlement with Walgreens. La. R.S. 23:1272 governs the settlement of workers’ compensation claims. This statute has many safeguards for preventing an employee from being pressured to improperly settle his or her claim. Courts are to liberally construe workers’ compensation law in favor of workers to protect them from the burden of workplace injuries.

Can A Sexual Harassment Claim Succeed Where Boss Instructs Employee To Date A Prospective Client?

Published on: July 30, 2023 | By Berniard Law Firm

office_chair_meeting_room-scaled 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 occasions, the office owner insulted, shouted at, and used profanity to describe Davenport. The owner’s comments eventually became sexual in nature. When the owner learned a wealthy prospective client wanted to date Davenport, the owner told Davenport to date the prospective client to receive a big bonus. Davenport said she already had a boyfriend and was not interested in dating the prospective client. The owner told her this about three additional times within the next month. One of the financial advisors made a comment about Davenport sending the prospective client some nude photos, which embarrassed and offended Davenport. Davenport never dated the prospective client.

Davenport reported the incident with the comment about nude photos to the district manager, who forwarded the complaint to an associate relations representative. Davenport filed a charge with the Equal Employment Opportunity Commission (“EEOC”). Although she referenced the incident involving comments about nude photos, she did not reference the manager’s offers to pay her a big bonus if she dated the prospective client. Over the next few months, Davenport met with a therapist who advised the company Davenport should not go back to the same office because of trauma from the incidents. She requested a transfer to another office, which was denied. Davenport eventually resigned.