On appeal, the Louisiana Fourth Circuit vacated the district court’s dismissal and remanded the facially-prescribed case (1) for plaintiff to have an opportunity to amend her petition to plead additional facts showing the applicability of contra non valentum and (2) for an evidentiary hearing to see if contra non valentum suspended the running of prescription.
Read MoreBack in April of 2020, Baer Law LLC initiated the FIRST Biometric Information Privacy Act (BIPA) class action lawsuit in the country against the TikTok app, alleging that TikTok was scanning users’ faces and collecting facial data without consent.
Read MoreA lawyer’s holy grail—an intuitive case management platform that is affordable, organized, reliable, and minimizes risk.
Read MoreSupreme Court Victory! The Supreme Court of Louisiana lets the appellate decision stand, resulting in a big procedural win for one of Baer Law’s clients. Baer Law is proud that it got such a good result for its client at the trial court level, the Fourth Circuit Court of Appeal, and the Supreme Court of Louisiana. Triple win!
Read MoreVictory! In this tort case involving a fatal shooting outside of an apartment complex, the Louisiana Fourth Circuit vacated the district court's dismissal of plaintiff's inadequate security case on prescription grounds. The court remanded the case (1) for plaintiff to have an opportunity to amend her petition to plead additional facts showing the applicability of contra non valentum and (2) for an evidentiary hearing to see if contra non valentum suspended the running of prescription.
Read MoreVictory! Writ Granted; Relief Denied The Fourth Circuit agrees that New Orleans is a proper venue and that other survival action claimants are not necessary parties for purposes of joinder.
Read More16th edition of New Orleans CityBusiness, 2020 Leadership in Law stands as a record of local professionals who have distinguished themselves within the legal industry as well as the larger community. Baer Law congratulates Jason Baer and all the 2020 Leadership in Law honorees.
Read MoreFederal Rule of Civil Procedure 45 governs the ins-and-outs of subpoenas in federal court. It includes three subparts dealing with how to get a properly-issued subpoena out the door. These are the first three subparts to the Rule, and they deal with: (a) general information, (b) service requirements, (c) place of compliance requirements.
Read MoreIf you are exploring practice areas that require you to file your lawsuit in federal court, remember to be mindful of the federal pleading standards if you want to survive a motion to dismiss. Rule 8 is the general rule for federal pleading, but Rule 9 contains numerous exceptions.
Read MoreAlthough recovery for diminished value has been available for almost a decade, it remains an underutilized avenue of recovery for many plaintiff attorneys. The plaintiff bar can, in many cases, bring these claims. Defense attorneys challenging diminished value claims can emphasize that it is the plaintiff’s burden to prove diminished value by a preponderance of the evidence.
