Lake Pontchartrain Oil Rig Explosion Today

Lake Pontchartrain Oil Plattform Explosion Today

The tragedy of the Lake Pontchartrain Oil Rig Explosion and fire on Sunday, October 15 near Kenner, Louisiana just highlights the danger that offshore workers face on a daily basis. At least 7 people have been injured during the oil rig explosion today, and one person is still missing.

When an oil rig explosion explosion takes place on and oil rig and creates a fire, there is often no time to escape the danger for the unfortunate victims who live and work on these isolated and dangerous offshore structures. Sources say that there were seven individuals aboard the platform, and those injured have been taken to hospitals in New Orleans. According to the Advocate, five members have been  taken to University Medical Center are being treated for severe burns and blast-type injuries consistent with the oil rig explosion today, and two in stable condition were taken to East Jefferson General Hospital.

Having been attorney for many victims of offshore injuries, I can tell you that the saddest truth about incidents like the Lake Pontchartrain oil rig explosion is that they are usually avoidable if the most basic of safety measures are followed.

Tragically, the companies who employ these workers are often more focused on speed than safety. That is when safety rules and regulations get ignored, resulting in death or serious injury such as horrible burns as were suffered by the victims of the Kenner oil rig explosion in Lake Pontchartrain.

The law provides special rules that help victims of these types of injuries recover monetary compensation for their injuries and damages, and establish liability on the part of the oil companies. However, no amount of money can ever adequately compensate the death of a loved one or adequately compensate for serious burn injuries suffered by victims of terrible tragedies such as this one, and the negligent companies who are at fault immediately focus on one thing – avoiding or minimizing liability. Our prayers go out to the victims and their families.

J. Price McNamara
Law Offices of J. Price McNamara

What Makes Catastrophic Personal Injury Cases Different from Other Types of Injury Cases?

All personal injury cases are serious matters and require experienced representation by a seasoned personal injury attorney.  What make catastrophic personal injury cases different are the extent of the injuries, the amount of monetary compensation available, and the types of damages that are available to the injured party.  This article explores some important distinctions to keep in mind when comparing catastrophic personal injury cases with other types of personal injury cases.

Nature and Extent of the Injuries Sustained

Catastrophic injuries, quite simply, are those types of personal injuries that have permanent and potentially long-term impacts on the person injured.  Common types of catastrophic injuries include concussions, traumatic brain injuries, paralysis, loss of limbs or other body parts, spinal cord injuries, and neurological injuries.  Treatment for these types of injuries often involves multiple surgeries, a long and difficult recovery process, and medical treatment that extends well into the foreseeable future.

Two key words which characterize catastrophic injury cases – especially when compared with other types of personal injury cases – are “debilitating” and “permanent.”  Catastrophic injuries may cause the injured person to have difficulty performing daily living and household activities.  In some cases, the  injured person is forced to reside in a nursing home or assisted living facility as a result of his or her injuries.  These catastrophic personal injuries can also have a significant impact on the injured person’s family and loved ones.

Common Causes of Catastrophic Personal Injuries

While catastrophic personal injuries may be sustained in very serious motor vehicle accidents, they are even more commonly associated with pedestrian accidents, bicycle accidents, and motorcycle accidents.  These types of accidents are more likely to lead to catastrophic injuries because the accident victims are usually directly exposed to the environment, have limited protection around them at the time of the accident, and are more likely to make direct contact with the ground upon impact, often leading to a concussion or other serious injury.  As a result, these types of events, generally speaking, are more likely to result in a catastrophic personal injury than accidents involving a motor vehicle in which the driver and passengers were wearing seat belts. Moreover, motor vehicles have advanced safety features, such as airbags and other devices, which are not available to bicyclists, motorcyclists, or pedestrians, who are no match for an oncoming vehicle which hits them at a high rate of speed.

A Common Characteristic: Delayed Onset of Symptoms

Catastrophic personal injuries are unique in that they are oftentimes difficult to diagnose, due to a delayed onset of symptoms.  This is particularly true with traumatic brain injuries, when serious symptoms may not manifest themselves for days, weeks, or even months after the initial injury is sustained.  Moreover, the breadth and extent of these types of injuries can be significant and potentially lifelong, and may include short- or long-term memory loss, neurological deficits, and other types of cognitive impairments, requiring long-term care.

Damages Available in Catastrophic Personal Injury Cases

“Damages” is the legal term for the compensation that may be available to you if you are injured due to careless actions (or inaction) of another person or entity.  Given the severity of catastrophic injuries, it is likely that the amount of necessary medical treatment will far exceed that of other types of personal injuries.  As a result, the amount of damages in play is likely going to be higher.  Moreover, the types of damages available are typically more varied and extensive than in smaller personal injury cases.

The underlying purpose for awarding damages in any personal injury case – regardless of the severity of injuries sustained – is to make the injured victim whole, to the extent that’s possible with money.  Monetary compensation, for example, is a poor substitute for a lost limb or other body part.

Economic damages, or damages that can be measured in dollars and cents, are often higher in catastrophic injury cases, simply because the nature and extent of the injuries, medical treatment, physical therapy, and even missed time from work, are greater than with cases involving less severe injuries.  However, the real difference lies with non-economic damages.

Non-economic damages are those types of damages that can’t be measured, strictly speaking, in dollars and cents.  Most states have a statutory cap on non-economic damages which changes on a yearly basis.  Proving non-economic damages can be much more complex in catastrophic injury cases when compared with other types of cases. What follows is a list and brief description of some common types of non-economic damages that may be sought in catastrophic personal   injury cases.

  1. Loss of future earning capacity – These types of damages compensate catastrophic injury victims in cases where their injuries preclude them from working at the same job, working in the same field, or working at any job whatsoever. Economists and vocational rehabilitation experts are often good witnesses for proving loss of future earning capacity in catastrophic injury cases.
  1. Future pain and suffering and lost quality of life – These types of damages compensate catastrophic injury victims who are expected to endure pain, suffering, and inconvenience well into the future as a result of their injuries. Damages for lost quality of life compensate victims who are totally unable to engage in certain household tasks, social activities, family activities, or recreational activities since their accident – or whose ability to take part in these activities is severely limited as a result of their injuries.
  1. Future medical treatment – These types of damages compensate catastrophic injury victims who require medical treatment or procedures well into the future. These damages might include compensation for a future surgery or other type of invasive medical procedure.
  1. Expenses for long-term care – These types of damages compensate catastrophic injury victims who require care at a nursing home, rehabilitation center, or assisted living community, as a result of the injuries sustained in their accident. Medical experts are necessary and helpful witnesses for proving these types of damages.
  2. Loss of consortium or companionship – These types of damages compensate catastrophic injury victims whose relationships – specifically, marriage relationships – have been harmed by the injuries that they sustained. This includes an inability or limited ability to be intimate or engage in sexual relations with a spouse.

Contact a Catastrophic Personal Injury Attorney

In a catastrophic injury case, as with any personal injury case, you need an experienced and compassionate attorney who is always one step ahead of the insurance company, who can safeguard your rights, and who can obtain every penny of compensation you are entitled to under the law.  If you or a loved one sustained a catastrophic personal injury as a result of the carelessness of another person or entity, contact us by phone or email today. We will respond promptly.

Finding the Right Personal Injury Attorney for Your Case

Baton Rouge Personal Injury Attorney Signing PaperworkFinding the right attorney for any case is important. When you need to hire one, it usually concerns very important life circumstances. Whether you have been injured, been unfairly terminated from employment, denied some form of insurance benefits, are starting a new business, want to adopt a child, are getting divorced or considering bankruptcy – whatever it is, it’s probably topping your list of important issues.

Family, friends or co-workers may have offered advice or recommended an attorney, but you want to do your homework. You want to find the right lawyer for your case, if you decide to hire one at all.

So how does a legitimately injured Louisiana accident victim go about hiring an attorney? Is there an easy, step-by-step method for finding and hiring an honest, experienced, highly qualified attorney, and spotting ones who aren’t? Are there instantly available resources to help you hire the right attorney and avoid the wrong one? How does one navigate the numerous attorney ads found these days in the yellow pages, on television, and other lawyer advertising to find a good personal injury attorney?

My personal opinion . . . I am tired of attorneys (and their clients) who file frivolous claims. They cause delay for legitimate personal injury cases having true merit. They have helped to create a litigation climate so combative that legitimately injured accident victims now have great difficulty getting justice in our court system.

To make matters worse, some attorney yellow page and television advertising have given the impression that our court system is some sort of get-rich-quick lottery. It isn’t. Believe me, there’s more to it. Much more. Properly representing a client in a serious and legitimate personal injury or other type of claim is serious business, requiring hard work by a highly experienced and qualified attorney.

Consumers should have enough information to help them find a highly qualified and experienced attorney if they choose to do so. The decision to hire an attorney is an important one, and the lawyer you hire can make a big difference in the outcome of your case. A person should not feel rushed or pressured into making an uninformed decision. The consequences can be long-lasting, good or bad.

Since leaving the insurance defense practice in 1995, and after a two-year stint as a felony prosecutor, I have devoted more than 95% of my law practice to representing injured accident victims, families affected by wrongful death and people wrongfully denied long-term disability insurance coverage. That’s all I’ve done for over 20 years.

When I was still defending large automobile, truck, and other insurance companies, offshore drilling contractors, industrial vessel owners, and other corporations against accident and injury claims, I became aware that some attorneys representing accident victims were very good, extremely prepared, and willing to go to trial. Others, in my opinion, were not so good, completely unprepared, and unwilling to go to trial. Some in the latter category settled serious cases for what I thought was much less than fair value.

One particular attorney, despite being in the latter category, seemed to often have legitimate cases with very serious injuries. He told me that his television commercial brought him many of these cases. Late one night, I saw his television commercial. It was basically a jingle, or song, featuring his name, photograph, and telephone number. Frankly, it reminded me of commercials advertising a certain brand of ice cream or maybe hot dogs.

That same night, I saw another commercial for another attorney advertising for car and truck accident cases. This one showed the lawyer actually driving a military tank, running over and smashing into automobiles. Amazing!

No, I didn’t make this up.

These commercials made me wonder. I tried putting myself in the shoes of people who would hire these attorneys, based solely on their commercials, to handle a high-stakes personal injury case. Did they think, “that’s a nice jingle! I’ll hire him!” Or, “He crushes cars with a tank! He must be a good attorney!”

I still can’t make sense of it. But it did strike me how little useful information is available to help a person who doesn’t know where to look besides television commercials and yellow page ads to find an honest, highly qualified and experienced attorney.

Why would someone suffering a serious disabling injury, or losing a loved one in a terrible accident, rely on silly jingles and meaningless images alone as their basis for hiring an attorney for such an important matter? Why would they spend more time investigating the purchase of a new automobile or appliance than they would investigating to make an informed attorney-hiring decision?

The reason? Lack of useful information on how to go about hiring a good attorney. Lack of knowledge about helpful, instantly available resources. Lack of an easy step-by-step process. Until now.

Following the steps outlined in a free instant download on my website at jpricemcnamara.com should make anyone a better-informed decision maker, and eliminate the pressure and anxiety sometimes experienced by those making the crucial attorney-hiring decision.

Good luck, and whatever you do, don’t lose faith! When approached with honesty, persistence, and proper preparation, our civil court system can and will deliver justice!

Kind Words From Mark Reed

It’s not often that you receive praise from your peers, but when it does come you tend to appreciate it that much more. I’d like to thank family law attorney Mark Reed, in San Diego, for his kind words towards our humble Baton Rouge law practice. It’s great to know that you’re doing something right and I’m glad that I’ve inspired others like Mark, who is also a great attorney.

If you’d like to read it, you can find his review here.

6 Critical Tips About Louisiana Personal Injury Cases

lawsuit imageIn a recent blog post, we discussed if you Can You File A Personal Injury Lawsuit 12 Years Later. In this week’s post, we will cover some tips about Louisiana Personal Injury cases that might affect your own personal injury lawsuit.

1) Does Louisiana Have Specific Deadlines For Personal Injury Lawsuits?

Many people may not consider the amount of time you have to file a lawsuit if you are injured by another person. However, Louisiana laws do set a specific deadline, or “statute of limitations,” for the amount of time you have to file a personal injury lawsuit after your injury. This deadline falls one year after the date of your accident in most instances. In most cases, if you miss the one-year window, you lose the right to file a lawsuit over your injury. There are limited exceptions to this rule, but they can be complicated, so it is best to seek the advice of an attorney as soon as possible to avoid missing your deadline for filing your lawsuit.

2) What Is Comparative Fault And Will It Apply To My Case?

When it comes to determining how your case will be affected if injured person is found to be partly at fault for their injuries, you should be aware that each state follows different shared fault rules. If you are injured in Louisiana, this state has a “comparative fault” rule which reduces the amount of an injured person’s damages by a dollar amount equal to the share of fault that may be assigned to that person. One example of this is if you are driving your car over the posted speed limit and you get into an accident. If someone else hit you and caused injury, you could be responsible for part of your own damaged because you were violating the posted speed limit when you got into the accident. This means that if your damages for the accident were $10,000, and it was determined that you were 10 percent at fault for the accident, your damages would be reduced by 10 percent. So you would only be allowed to collect $9,000 from the party that caused the accident. These numbers can change, but the basic calculation will stay the same.

3) Does Louisiana Have Auto Insurance Laws?

Like many other states, Louisiana requires drivers to carry a minimum amount of auto insurance. Part of this coverage must include damages for injuries. According to regulations, your coverage should be enough to pay your bills from the accident, but if it is not, going to court is an option. Moreover, Louisiana is considered an “fault” state for auto accident injuries and insurance purposes. This means that if you are involved in an accident and you have injuries, you have a choice to file a claim with the appropriate insurance carrier or file a lawsuit to recover damages in court.

4) What Is The Rule For Dog Bite Cases?

In a majority of states, dog owners have some protection from injury liability the first time their dog injures someone. This only applies if they had no reason to believe their dog was dangerous. This is referred to as the “one-bite” rule. This is not the case in Louisiana. Here, La. Civ. Code, art. 2321 makes the owner of a dog “strictly liable” for any personal injury caused by their dog. This means that regardless of the animal’s past behavior, the dog owner is responsible for any and all damage done by their dog.

5) Are There Limits To Personal Injury Damages In Louisiana?

In most personal injury cases, courts can award damages in a dollar amount to compensate injured parties for medical bills, pain and suffering, lost wages, or other losses directly related to the accident. Some states limit the amount and type of damages a person can receive from their injuries. In some instances, parties cannot recover from non-economic injuries like “pain and suffering”. There are not typically limits on damages for cases that do not involve medical malpractice.

6) What Are The Limits For Damages On Medical Malpractice?

Louisiana laws limit all damages in medical malpractice cases to $500,000 or below. Additionally, medical providers that are found liable for medical malpractice only have to pay $100,000 if they are covered by the Patient Compensation Fund. This means that the injured patient receives $100,000 from the provider and the rest of the money up to $500,0000 directly from the specified fund. It is worth noting that this limit does not apply to future medical expenses.

Let J. Price McNamara Help You With Your Personal Injury Case

J. Price McNamara has been practicing law in Louisiana for many years and has handled many personal injury cases just like yours. With a wealth of knowledge and respect from both the legal and surrounding community, J. Price McNamara can provide the legal representation that you need. The legal team at the Law Offices of J. Price McNamara is waiting to help you with your case. Call us today to schedule your free case review and get an experienced legal team on your side.

Man Sues Video Game Manufacturer Over Addiction To Game

In previous blog postings, we discussed a variety of “crazy or ridiculous” lawsuits. We also discussed if parties could file a lawsuit 12 years later. This week’s post is a further addition to the list of ridiculous lawsuits that were addressed in 7 Crazy Lawsuits And 1 Legitimate One. In the most recent addition to ridiculous lawsuits, a man from Krasnoyarsk, Russia, is suing Bethesda Softworks for his addition to a video game. Evidently, the man didn’t know Fallout 4 would be “so addictive”. The Bethesda, MD, gaming company has yet to comment on the lawsuit, but one can imagine their legal department is already preparing for a very strong defense.

According to court documents, the man saw an advertisement for the game and decided to download it. He anticipated spending a few hours playing the game over the next few days. However, “…those days quickly turned into weeks, and after missing several days of work, he was fired from his job. His friends stopped hearing from him, his sleeping and eating habits deteriorated and his wife left him.” Officials say the man is seeking $7,000 in damages.

Getting Started With A Personal Injury Lawsuit

Fortunately, most lawsuits that are filed are not as ridiculous as the one listed above. Let’s assume you would like to initiate a personal injury lawsuit for a legitimate reason. Here are some frequently asked questions to help you navigate the first steps in a personal injury legal claim.

I was hurt in an accident. What should I do first?

1) According to experts, the first thing that you should always do after being injured in an accident is to seek attention for any possible injuries. This usually means seeing a medical expert to ascertain the extent of your injuries. You should also be aware that some injuries will not be visible to the naked eye and may need x-rays or cat scans.

2) Collect any and all evidence that shows who caused the accident. This could mean writing down the events as you remember them, filming the scene, or taking pictures. If you are injured and unable to do this, you should see if a friend or family member would be willing to do it for you.

3) Get the names and contact information of any witnesses that may have seen the accident. Be sure to verify their contact information to ensure it is current and legitimate.

4) Write down the specific things that were damaged in the accident and take photos of the damage caused by the accident.

5) Make a list of everything that happened to you after the accident and any expenses involved. This will likely include medical bills, hospital stays, lost work or wages, etc. Copies of these bills will likely be necessary to recover for your injuries.

6) Speak to a qualified and experienced attorney. This step is critical since finding the right attorney for your case could make the difference between wining your case and ending up paying expenses for an accident that you did not cause.

Do I have to file my lawsuit within a certain amount of time?

Personal injury claims can take years to resolve and there are time limits detailed in the statute of limitations for whatever state you live in. In order to get compensation for your injuries, you must file your claim in a timely manner. If you fail to file your lawsuit within the appropriate time period, you may be barred from ever bringing suit to recover for your injuries. You should always do a check on the statute of limitations for your type of claim in your state to be sure that the time period has not expired.

Call the Law Offices of J. Price McNamara For Help With Your Lawsuit

Want an experienced and qualified legal representation for your personal injury lawsuit? If so, you need to contact the Law Offices of J. Price McNamara. Attorney J. Price McNamara and his skilled legal team have made a difference in the lives of Baton Rouge, LA clients for decades. If you want to get the compensation you deserve for your injuries, contact our office for your free case review. Call us now to get started.

Can You File A Personal Injury Lawsuit 12 Years Later?

personal injury lawsuit LouisianaOne of the most frequent questions we get at J. Price McNamara is how long do clients have to file a lawsuit. The answer to this is not always as simple as one would expect. An example of this can be seen by exploring a recently filed lawsuit against former Buffalo Sabres defenseman Grant Ledyard and his wife.

Twelve years ago, the Ledyards hosted a birthday party for their son. During that party, one of their guests swung a plastic golf club and struck another guest in the face. The victim, 11-year-old Brianna Fasanello, suffered a split her lip and the loss of a front tooth. The next day the hosts went to the young girl’s home with gifts and a get-well card. They reportedly “…felt bad that Brianna had had her tooth knocked…”, and went over the next day to “…say hello and check on her and make sure she was okay.”

Did They Really Try To Sue 12 Years Later?

As the years went by, the Ledyards thought the birthday incident was in the past. However, in 2012, a lawsuit was filed by the victim. Now a 23-year-old woman, Fasanello sued the Ledyards over the incident, as well as the mother of the boy who hit her with the plastic club. The lawsuit reportedly seeks unspecified damages. According to court records, a judge dismissed the lawsuit against the boy’s mother but allowed the lawsuit against the Ledyards to move forward. Normally a lawsuit would be well past the statute of limitations if it is filed 12 years after an accident or incident. Here is some additional information about the statute of limitations.

What Is A Statute Of Limitations?

A statute of limitations is a set of laws that dictate the maximum time allowed to file legal proceedings after an event has happened. When the specified period of time passes, a claim can no longer be filed.

Are There Any Exceptions?

In certain instances, a person will be unable to immediately discover that they have been injured. In such cases, it would not be fair or reasonable to require the injured party to file a lawsuit when they could not have detected their injury at that time. To combat this problem, the Louisiana statute of limitations “…begins to run from the time the injured party discovers or should have discovered that they have been injured”. This means that even when the typical statute of limitations may specify a year or two, the plaintiff may have longer than that to file their lawsuit.

Delaying A Statute of Limitations

In certain cases, fairness requires that the statute of limitations be delayed. An injured party may not have the ability to initiate a lawsuit even though they are aware of an injury or damages. This can happen when a plaintiff is “disabled”. However, once the disability ends, the statute of limitations begins to run.

What Is The Statute Of Limitations For My Louisiana Case?

Here are some of the limitations that apply to civil cases in Louisiana:

  • Personal Injury, 1 year (La. Civ. Code art. 3492)
  • Product Liability, 1 year (La. Civ. Code art. 3492)
  • Assault and Battery, 2 years (La. Civ. Code art. 3493.10)
  • Contract (in writing), 10 years (La. Civ. Code art. 3499)
  • Contract (oral or not in writing), 10 years (La. Civ. Code art. 3499)
  • Medical Malpractice, 1 year (La. Civ. Code art. 3492)
  • Property Damage, 1 year (La. Civ. Code art. 3492)
  • Wrongful Death, 1 year (La. Civ. Code art. 3492)

Determining the specific length of time that a plaintiff has to file a lawsuit can be very complicated. Parties that have suffered significant injuries or damages may wish to consult with a Louisiana attorney to ensure that all claims and notices are filed within applicable the time limits set forth by the appropriate laws.

NOTE: This list is not intended to be comprehensive. For further questions about your potential case, we encourage you to contact an experienced law firm like J. Price McNamara.

Call J. Price McNamara For Help With Your Personal Injury Case

If you or someone you know has suffered a personal injury, you need to find an experienced and effective attorney to help you get the results you deserve. J. Price McNamara has been serving his Baton Rouge community for decades and has gained the respect of his colleagues during this time. Call us now for a free case review and get our experienced legal team working for you today.

Ohio Judge Writes Poem To Dismiss Ridiculous Lawsuit

Poem For ArticleIn the history of ridiculous lawsuits, one recent Ohio case takes the proverbial cake. So what could possibly be worse than a lineup of ridiculous lawsuits that include an aunt suing her nephew over a hug, or a burglar suing the cops for apprehending him after a robbery? This particular case involves an inmate in a correctional facility in Columbus, OH and a judge with a particularly well-developed sense of humor.

Often times such cases never see the light of day, much less the inside of a courtroom. However, this most recent case was dismissed by a judge using a five-stanza poem. The prisoner’s lawsuit was initially filed over bathroom access and a situation in which the prisoner felt that he was deprived of his rights. The judge did not agree and stated that “neither runs nor constipation can justify this litigation.”

Judge David Cain, of Franklin County, took minimal time to review the submitted documentation and quickly concluded that the inmate did not have a case. “You know, if he is going to file something that frivolous, he can’t expect me to be too judicious in how I respond,” Cain told a local newspaper. “He can’t expect me to take it seriously.”

Darek Lathan was the inmate who filed the suit. In his paperwork, he alleged that he was forced to go to the bathroom in his pants after he was refused a request to use a restroom during recreation time. He further claimed that he was ridiculed by both guards and inmates for his soiled garments suffering injury. To obtain the relief he believed he was entitled to, he sued the state for two million dollars in damages.

Fortunately, Judge Cain dismissed the case with a cleverly written rhyme that summarized Lathan’s allegations, as well as the conclusion. “Claiming loss and shame to boot the plaintiff filed the present suit, but the law provideth no relief from such unmitigated grief.”

According to records, Lathan, 47, is now incarcerated at a different facility and no attorney stepped forward to comment on his behalf.

The judge, a former journalist, said it took him about an hour to compose the comical poem. “We have to have some fun every once in a while in this job,” Cain told the newspaper.

Do Inmates Really Have The Right To Bathroom Privileges?

Throughout U.S. history, the treatment of prisoners was most often determined by prison administrators. However, in the late 60s and early 70s, federal courts started to oversee state prison systems and develop a body of law dealing with prisoners’ rights. During the 1980s, however, a more conservative Supreme Court limited prisoners’ rights, and, in the 1990s, Congress enacted laws that severely restricted litigation and post-conviction appeals by prisoners. To further this progression of rights for prisoners, Congress passed the Prison Litigation Reform Act (PLRA) of 1995, Pub. L. 104-134, 110 Stat. 1321. The rights were not specific with regard to individual actions as much as a general guideline for humane treatment while prisoners were incarcerated.

As for bathroom access, there is no specific answer to the question since most state prisons create their own inmate handbooks which detail inmate rights, privileges, and other information. There is a federal guideline that also provides general guidance, but none of these guidebooks include the specific direction with regard to bathroom usage while not in a cell. However, prisoners do have the right to humane treatment which would likely include bathroom use if it was safe. In this instance, it is likely that the facts did not support the claim that bathroom rights had been denied. All in all, it appears that inmates in a correctional facility do not have the right to use a bathroom whenever and wherever they want.

For Help With Your Case Call J. Price McNamara

At J. Price McNamara, we know how important qualified and experienced legal representation is for your case. If you or someone you know has suffered a personal injury, you need to find an experienced and effective attorney to help you get the results you deserve. J. Price has been serving Baton Rouge for decades and has gained the respect of his colleagues for his dedicated service. Now is a great time to get started. Call us for a free case review and get our team working for you today.

Is Hollywood Considering A Frivolous Lawsuit Against Google?

Hollywood SignIn recent blog posts like 7 Crazy Lawsuits And 1 Legitimate One, we talked about some frivolous lawsuits involving Hollywood and its movies. Hollywood movies are again in the news because producer Richard Gladstein claims that many popular search engines are “deliberately” blurring the issue of copyright infringement or movies that are loaded online.

Gladstein worked on the Quentin Tarantino movie “The Hateful Eight”. The movie was highly-pirated and it is believed that this dramatically impacted its revenue upon release. The highly anticipated movie made headlines during Christmas season last year when it was leaked a week before its proposed debut on Christmas Day.

According to news reports, a piracy group stole a “screener” copy that had been intended for a Hollywood executive. This allowed the pirates to published the movie online. This is part of a larger problem though with such groups intending to release 40 or more films illegally in the coming weeks.

However, Google says it is not to blame saying because the company “continue[s] to invest heavily in copyright tools for content owners and process takedown notices faster than ever,” and its “partnerships and distribution deals with the content industry benefit both creators and users, and generate hundreds of millions of dollars for the industry each year.”

This is in direct contraction to the facts that claim more than 1.3 million people pirated “The Hateful Eight” due to the illegal leak. “Our industry is facing a content theft epidemic regarding the viewing and downloading of content in its entirety,” Gladstein stated. “Such activity results in financial losses to many hard-working crew members, actors, and other professionals as they receive less of their rightful share of residuals that fund their pension, health, and welfare benefits. Distributors and financiers also receive less than their rightful share of revenue. This causes fewer and fewer films to be made each year.”

Gladstein believes that search engines like Google and YouTube should be doing more to tackle online piracy. “Google and YouTube have the ability to create a vaccine that could eradicate the disease of content theft. But to the millions of us who watch as our works are stolen over and over and over and over again, millions and millions of times, Google is at best offering us an aspirin, and at worst, ignoring the disease.” Instead, Gladstein claims that Google “deliberately” uses the issue of Fair Use to “obscure” the problem of online screeners illegally obtaining copies of movies without paying.

What Is Fair Use?

Fair Use means that viewers can use copyrighted work in certain circumstances for things like a review, analysis, or satire. This also means that news channels can show clips of movies, without the risk of being sued for illegal use.

But, producers like Gladstein believe that Google and other companies are subject to the Digital Millennium Copyright Act, which deals with how platforms should be dealing with copyrighted material.

The Act dictates that companies can’t be sued or prosecuted for such an act if they provide a way to report alleged violations, and they respond in a timely manner to reports of violations.
Google claims that this puts it into a difficult position because the company wants to protect its users from unfair takedown demands, without violating the applicable laws. At the same time, Google has to balance the needs of the copyright holders with the rights of amateur users. “We continue to invest heavily in copyright tools for content owners and process takedown notices faster than ever, removing the vast majority of the URLs flagged to us for removal,” a spokesperson said in a recent statement. “In addition, Google’s growing partnerships and distribution deals with the content industry benefit both creators and users, and generate hundreds of millions of dollars for the industry each year.”

Google also claims that it takes down flagged materials within six hours and that this is faster than most other search engines. Additionally, Google takes down 4 million infringing search results every week it says, which is less than 1% of everything indexed by the social network.

But no matter how closely Google polices its search listings, it cannot stop all pirating completely. There is also a fine line between enforcing Fair Use and allowing freedom of creativity to millions of users whose livelihoods are also on the line. In

In the meantime, Gladstein and Hollywood players like him, are considering initiating legal action against the parties who are endangering the financial success of their studios. Opponents believe that such lawsuits are ridiculous because of the inability to narrow down damage to measurable components and parties that can be prosecuted. Stay tuned to see what happens next and if one or more of the parties files a related lawsuit that could be considered frivolous.

Let J. Price McNamara Help You Get Justice For Your Case

If you or a loved one has recently suffered an injury related to an accident or any other type of personal injury, you may be able to obtain compensation for your injuries. J. Price McNamara has been practicing law in Louisiana for many years and has an outstanding reputation in his community. Call us today to schedule your free case review and get an experienced attorney on your side.

Breaking Down The Infamous McDonald’s “Hot Coffee” Case

mcdonals imageWhen most people think of infamous personal injury cases, the McDonald’s hot coffee case usually comes up at the top of the list. But why is this case referred to by so many personal injury experts? Some speculate that the case brought millions of dollars to a plaintiff with minor injuries at the expense of our justice system. Still others claim that the case represents a just punishment for a corporate America that cares too little about its consumers. In reality, the case does not clearly really fall into either category. Here is a breakdown of the facts and the outcome.

The Injuries

This case began in 1992 when 79-year old Stella Liebeck bought a 49-cent cup of coffee from a McDonald’s drive-through in Albuquerque, New Mexico. Her grandson was driving and she was sitting in the passenger seat. As many beverage drinkers did before the days of multiple cup holders, Ms. Liebeck placed the cup between her legs and opened the lid to add cream and sugar. As she popped the top off her beverage, the hot coffee spilled onto her lap. This then directly caused third-degree burns to her inner thighs, buttocks, and groin.

As a result of her burns, Ms. Liebeck spent eight days in a hospital for treatment. Her injuries required extensive treatments for third-degree burns including removal of dead tissue and multiple skin grafts. The burns left her scarred and disabled for several years after the incident.

The Monetary Damages

Most people who hear about the case assume Ms. Liebeck walked away with millions. Consequently, the case became a popular example of why we should have limits when consumers attempt to hold corporations accountable for personal injuries. However, there is more to this case than meets the eye.

Before a lawsuit was filed, Ms. Liebeck informed McDonald’s of her injuries and asked for compensation for her medical bills. At the time, the total cost for her medical expenses was around $11,000. McDonald’s ignored her request and offered $800.

Liebeck’s attorney came back asking for $300,000. An offer of $225,000 was brought to the table next. But McDonald’s refused all attempts to settle the case out of court.
In the end, a New Mexico jury awarded Ms. Liebeck $160,000 in compensatory damages and $2.7 million in punitive damages.

Advocates for limits on jury awards is such cases called the result an unreasonable award and a “perversion of our justice system”. But those who know the true facts of the case know that this is merely a “legal myth”.

Was Ms. Liebeck’s Award Reasonable?

Many personal injury advocates argue that in light of McDonalds’ actions, Ms. Liebeck’s award was justified. Here is why:
According to corporate standards, most McDonald’s restaurants served their coffee at 180 to 190 degrees Fahrenheit. Interestingly enough, coffee hotter than 130 degrees Fahrenheit can cause third-degree burns. Additionally, it only takes about three seconds to produce a third degree burn when coffee at 190 degrees comes into contact with skin.

During the hot coffee trial, McDonald’s corporation admitted that it had been aware of the risk of serious burns from its coffee products for over 10 years. In fact, during the decade between 1982 and 1992, there were more than 700 reports of coffee burns caused by McDonald’s coffee. These claims were mostly settled out of court and amounted to over $500,000. And finally, McDonald’s admitted it failed to warn its customers of the dangers of the excessively hot coffee it served.

What The Court Decided

Initially, the jury found that Ms. Liebeck’s injuries were worth $200,000 in compensatory damages. Later, the award was reduced to $160,000. The reason for the decrease in damages was because it was determined that 20 percent of the fault for spilling the coffee belonged to Liebeck.

Next, the jury determined that McDonald’s was guilty of willful, reckless, malicious or wanton conduct. For this reason, $2.7 million was awarded in punitive damages. McDonald’s immediately filed papers for a retrial. However, the trial court found that McDonald’s behavior was “callous” and refused to allow a retrial. The punitive damages award was later reduced to $480,000.

Before any appeals could be heard an out-of-court agreement for an undisclosed amount of money was reached. As part of this settlement, the details of the case were sealed and no one can officially say how much money was granted.

Although some misinformed parties may consider this case a cautionary tale of the excesses allowed by our justice system, this is hardly the case. Ms. Liebeck was severely injured and did not in fact walk away with millions. And given her age and health, it is likely that the amount of damaged agreed to in the lawsuit went to pay for her medical care at an assisted living facility.

For Help With Your Personal Injury Case Call J. Price McNamara

At J. Price McNamara, we know how important qualified and experienced legal representation is for your personal injury case. If you or someone you know has suffered a personal injury, you need to find an experienced and effective attorney to help you get the results you deserve. J. Price has been serving Baton Rouge for decades and has gained the respect of his colleagues for his dedicated service. Call us today for a free case review and get a top legal team working for you.

J. Price McNamara Discusses Another “Outrageous” Personal Injury Lawsuit

Jail ImageIn our last article, we summarized the seemingly crazy case of an aunt suing her nephew over a birthday party injury. And this week it appears that there are no shortage of personal injury cases that many would say are a misuse of the legal system. In particular, a former Idaho inmate and his paralegal girlfriend have recently filed a federal lawsuit against the Idaho Department of Correction. The two are seeking $50 million in damages because they claim that prison staffers retaliated against them.

The case arose after one of the plaintiffs, McKenzie, was appointed by a federal court to help prisoner, Wood. Soon after they met, the pair began an unexpected romantic relationship. Once the pair was discovered, a judge removed the paralegal from Wood’s case. The pair subsequently claimed that correction staffer harassed them and prevented them from meeting because of actions they committed while working on the other lawsuit.

Wood, is currently serving a life sentence for a 1988 Utah kidnapping where he tortured and killed a gay man. He is currently serving out his sentence in an Oregon prison.

Is This A Legitimate Case?

On its face, many of our readers would probably agree that this case seems outrageous at best. How could any injury suffered here possibly be worth 50 million dollars and who decided that this case was legitimate enough to file in federal court? To help with these questions, the staff at J. Price McNamara created this list of important questions that should be asked before filing a lawsuit.

7 Questions You Should Ask Before Filing A Lawsuit

Filing a lawsuit means that someone who has harmed you, in violation of the law, and should compensate you for the monetary damages you have suffered. Because filing a lawsuit is expensive and time-consuming, it should only be considered if the parties have a legitimate dispute that cannot be solved outside of court. Here are some important facts that you need to know about filing a lawsuit.

1) Do you have the legal capacity to sue? In order to file a lawsuit, you must be over 18 years of age and in good mental health. This means that if you are under 18, you will need a guardian to assist. The same applies if you are mentally incompetent because of disability, age, or illness..

2) Do you have legal standing to sue? The party filing the suit must have been directly wronged by the party they wish to sue. This means that they caused you physical harm, failed to complete a contract, or refused to pay money you are owed. In the case above, the prisoner claims he was harassed and that the prison officials treated him poorly in retaliation for his actions in a lawsuit against them. But was Wood actually injured? It appears that the courts may have to determine this fact and if the injury was worth 50 million dollars.

3) Do you have a good case? Even if you have legal standing to sue, you may not have a good case. The person’s actions must have directly caused you injury. Additionally, you may win the lawsuit, but it will do you no good if the person you sued does not have the money to pay you. In Wood’s case, it is clear that he sued the prison because he knows that the state would have the money to shell out if he wins.

4) Do you still have time to sue? Each state has a statute of limitations which specifies how long you have to sue after you have suffered damages or been injured. If you attempt to sue after that period has ended, your case will be thrown out.

5) Have you consulted with an attorney? An attorney will advise you on how to proceed according to the specific details of your case and can help you determine if you have the type of case that is worth the time, money, and effort to pursue in court. In many cases, an attorney will discourage you from filing a suit that they know will not succeed or one that has a very low chance of winning any compensation.

6) Should you file your case in state or federal court? Before filing your suit, the court you are filing in must have subject matter jurisdiction, or legal jurisdiction for your case. Accordingly, most cases should be filed in the state that you live in, since federal courts only hear a few types of cases. Contact your attorney if you would like to know more about jurisdiction and how it could impact your case.

7) Do you have the right venue? This means that the court must be located in one of the following:
the county in which the defendant resides or does business,
the county in which the injury occurred,
the county where the violated contract was signed,

If multiple venues are appropriate for your case, you should talk with your attorney to decide which one would be best.

The Offices of J. Price McNamara Can Help With Your Legal Case

For help with your personal injury case, you need to contact the Law Offices of J. Price McNamara. The skilled team at J. Price McNamara have been making a difference in the lives of Baton Rouge, LA clients for many decades. Get the compensation you deserve for your injuries, call us now to get started with a free case review.

Aunt Sues Nephew Over Birthday Party Injury

attorney imageIn an earlier blog, we discussed 7 Crazy Lawsuits And 1 Legitimate One. This week we will discuss another seemingly ridiculous use of the justice system. A few weeks ago, the world was shocked when Jennifer Connell filed a $127,000 lawsuit against her 12-year-old nephew. According to court papers, her nephew broke her wrist when he enthusiastically hugged her as she arrived for his birthday party.

Reports say that the 54-year-old human resources manager was seriously injured from the incident which occurred back in March 2011. She said, “All of a sudden he was there in the air, I had to catch him and we tumbled on to the ground,” Connell recalled in court documents. “I remember him shouting, ‘Auntie Jen I love you,’ and there he was flying at me.”

Connell said that she did not immediately bring up the injury because she did not want it to overshadow her nephew’s party. However, she was forced to file suit because of the pain and continued suffering that the “injury” created. She further alleges, that the pain from the injury continued after she returned to her home in New York City. “I live in Manhattan in a third-floor walk-up so it has been very difficult,” she said. “And we all know how crowded it is in Manhattan. I was at a party recently, and it was difficult to hold my hors d’oeuvre plate.”

Although many would like to vilify Connell, she claims that she needs the compensation to pay for her extensive medical bills. To add insult to her injury, the insurance company offered a measly $1 compensation to pay for the lawsuit. Connell’s attorney later released a statement saying, “Our client was never looking for money from her nephew or his family. It was about the insurance industry and being forced to sue to get medical bills paid.”

No doubt many of you probably sniggered when you read that last part, but this article definitely merits further scrutiny from a legal standpoint. Is this case legitimate, or is it a waste of valuable resources? Let’s peel back some of the layers and see.

Auntie From Hell

Immediately after the lawsuit hit the news, Connell started trending on Twitter, and was publicly bashed for initiating a lawsuit against her young relative. However, many legal experts claim that her suit makes perfect sense from a legal standpoint.

Tom Baker, a professor of law from the University of Pennsylvania, said they he thought the lawsuit was “entirely routine” and “unremarkable.”

Despite the fact that this case appears to be Connell suing her nephew to make a quick buck, liability insurance would actually be the one paying for the injuries. He further explained that, this is a common occurrence with most personal injury lawsuits in the United States.

After analyzing this case in the media, Baker stated that, even though he doesn’t know the specific details behind Connell’s situation, it seems more likely that she filed her lawsuit because her health insurance didn’t cover the cost of her medical care after her injury.

He adds, “One of the main things that predicts whether someone brings a lawsuit is whether they have medical needs that are not met by their health insurance. When I hear about it, I don’t think ‘That terrible greedy aunt’. I think, ‘She probably didn’t get all her health expenses paid’. You might say that’s the real problem.”

Connell claims this ordeal has been “heartbreaking” and that being publicly attacked strangers has had a tremendously negative impact on her life. She appeared on the Today Show to try and do some public image damage control. “It was a complete shock to me. It was amazing how I walked into court that morning and walked out all over social media.”

All in all, readers should use caution before rushing to judgment on this seemingly crazy lawsuit, because there is more to this case than meets the eye.

Call the Law Offices of J. Price McNamara For Help With Your Case

Want an experienced and qualified legal representation for your personal injury lawsuit? If so, you need to contact the Law Offices of J. Price McNamara. Attorney J. Price McNamara and his skilled legal team have made a difference in the lives of Baton Rouge, LA clients for decades. If you want to get the compensation you deserve for your injuries, contact our office for your free case review. Call us now to get started.

Is School Punishment For A Haircut A Personal Injury?

Leopard hairAs students head back to school in droves, some are finding that staying within the boundaries of school rules for appearance is tougher than they thought.  Lauren, a thirteen-year-old girl, was one such student who got a new “do” that was shaved on one side and dyed in a leopard-print pattern.

However, Lauren’s family and friends were soon left distressed when Lauren was sent home from school for violating school rules.  Some are going as far as to say that this incident is a breach of the girl’s human rights.

Lauren’s school, which requires uniforms to be worn by its students, claims that its dress code policy is clear.  In addition to making all of its students aware of each part of the policy, the school also provides copies for students to upload on its website.

In a statement, the school reported, “The policy clearly states that extreme haircuts, including hair color, are not allowed.  A pupil arrived at school with a ‘leopard skin hair color’ style. I took the decision to send the pupil home in order to remedy this breach of the school’s uniform policy.”

The mother of the student claims that she supports school uniforms, but that controlling a students’ hair is going too far.  “I have explained to the school that I can understand its uniform policy and I totally agree with it but you cannot tell anyone how their hair should be styled.  They are discriminating against her because of how she looks.  She has the right to express herself in whatever way she wants as long as she is in school uniform.”

Lauren’s supporters say that their biggest concern is that the education of student’s is being negatively impacted and that suspending the student for her hair is denying her the right to learn.  They further assert that this amounts to an actual injury of the child.

What About A Faux Hawk?

One need only read through recent media reports, to see that this debate is not new. Late last year, a five-year-old named Jalyn went to school with a haircut that was short on the sides and longer on the top.  The cut was characterized as a “Faux Hawk”.  His school claimed that this haircut was a distraction to fellow students and he was sent home.

Jalyn’s family quickly secured representation by the Lawyers Committee for Civil Rights.  Not long after, the civil advocacy group filed a complaint alleging racial discrimination in violation of Title VI of the Civil Rights Act with the U.S. Department of Education.

The language in Jalyn’s school policy is as follows: “All hairstyles must be appropriate for a Catholic grade school: extreme hairstyles, hair dye, highlights or extensions are not allowed (this includes feathers, foils, tinsel, “bling strands”, hi-lites, faux hawks, tails, and spiking … ).”

Jalyn’s mother contends that her black son is being singled out for harsher treatment from the school because of his race.  She pointed out that other students had similar haircuts, but were allowed to keep them without interference from the school.  Further, Jalyn’s claim is that this is just one more incident in a pattern of racially discriminating treatment aimed at the young student.

The lawsuit demands that the school “conduct cultural sensitivity training for the staff and administration, create a stronger anti-discrimination policy, and develop more culturally inclusive school discipline policies”.

The Bottom Line On Civil Rights

Legal experts caution students who would consider this form of expression a constitutional right.  There are limited cases where discrimination may be at play, particularly if there is a pattern of certain races being singled out while others are not.  However, in most instances when a family chooses a private school with strict rules, then they need to work within those boundaries and follow the rules.

According to Title VI of the Civil Rights Act, “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

So what does this mean for students wanting to express themselves?  Unfortunately, the bar is pretty high to prove discrimination in these types of cases.  Typically one case of one student being sent home for a hairstyle will not show a pattern of discrimination.  Additionally, if a school has a pattern of sending all students home for the same infractions, this will typically not rise to the level of discrimination.

How To Make Change The Right Way

Assuming that actual legal discrimination does not come into play, what can your student do?  There is always the immediate temptation to rebel. However, administrators say that disregarding rules because students do not agree with them is not the best way to bring about change.  Instead, students should leverage their frustration to create change.

Yes, hairstyle rules may be ridiculous, but if they are a current school rule, students must respect them.  If students want change, they should try and respectfully change rules by sitting down to conversations with administrators, starting a petition or gathering letters of support from students, parents, and teachers.  This is the only way to help bring about positive and lasting change.

Have These Students Really Beem Injured?

Some parties would argue that both student and any others that are being directed in such a manner with respect to something like their hair or clothes styles have been injured.  Regardless of the potential civil rights actions, both parties claim that their children have been injured because they are unable to take advantage of the education they have a right to  For this reason, both parties are considering lawsuits against the school districts in question in order to make up for the losses and emotional and psychological injuries to their child.

Contact J. Price McNamara For Assistance With Your Legal Case

At the law firm of J. Price McNamara we understand how important good legal representation is for the outcome of your case.  If you have been involved in a lawsuit or have been injured in an accident, you need to contact an experienced attorney as soon as possible.  The law may limit the time you have to file your lawsuit or respond to pending litigation.  J. Price McNamara is known for his experience and skill in fighting for his Louisiana clients.  Let Attorney McNamara help you help settle your case so you can stop worrying and get on with your life.  Call our Baton Rouge, LA office today for your free case review and find out how we can help you get the compensation you deserve for your injuries.

Bugs Crash Burning Man Festival; Rashes Expected

Cockroach spray with spray cans isolated over white background

Last week the personal injury attorneys at Law Office of J. Price McNamara talked about  tragic incident that left a few farmers dead due to toxic exposure. Well, branching of that subject, it appears the first horsemen of the apocalypse, who is said to be Pestilence, may have finally arrived…

At least for those attending the Burning Man festival.

Those of us that aren’t tie dye donning, deodorant shunning, double rainbow seeing, new age hippies are fine. We don’t have to deal with this mini rapture. Because we function in society. Like normal people.

Burning Bugs

If you plan on attending the Burning Man festival this year then grab a hold of your peace pipe and fasten those leather straps on your sandals down into their tightest position because we’ve got a hell of a story for you. (We’de say it’ll blow your socks off, but we all know you aren’t wearing any.)

Recently there have been rumors floating around about swarms of insects invading the location that this most epic festival of debauchery and flagrant nudity is held: Nevada’s Black Rock Desert. However, the strange part is that no has seen them there in over two decades. The terrifying part? They are everywhere, they sting and they lick.

Yes, lick. These bugs use something called a proboscis, which is rather like a long hollow tongue *gag*, to penetrate your skin and search for precious moisture.

Omen? We think so…

Anyways, entomologists have been contacted and the rumors are true.

People, the bugs are infesting Burning Man, and we all know hippies won’t use bug spray for… whatever reason. Toxins? Yeah, it’s something like that. And God Knows Molly isn’t going to do anything about the bugs.

So What’s A Modern Flower Child To Do?

According to more research done by the entomologists, a recent boom in mustard plant blooms may have brought this plague on, and when the mustard plants die off, so will the bugs. However, this doesn’t really help out anyone right this second.

Can we suggest fire? Like, lots of fire. In fact, skip burning the Man all together and just focus on torching the bugs. Gas helps. ( We’re joking don’t use gas, that’s dangerous. Use propane, like an adult.)

However, since the likelihood of Burning Man attendees seeing the sense in setting fire to the thousands of insects looking to harvest the moisture off your skin entomologists suggest not slapping them or squashing them while they are on your skin.

Why?

It just keeps getting better.

These insects have been feeding on the mustard plants, which means they are now full of mustard oil, and mustard oil stings. A LOT. If you squash them while they are on your skin, you’ll kill the bug but get a dash of mustard oil in exchange. The amount released from one bug might not be very much, but since there appear to be hundreds of thousands of these lovely insects, that means there is a lot of mustard oil ready to be spilled.

So, we guess just try and shoo the buggers away? Or try and talk to them about how Monsanto is the devil incarnate and how wonderful the vegan beetroot and chia seed salad you had the other day was. That might actually put them to sleep like it does everyone else.

Other than that, unless someone assaults you at the festival (which is actually very likely as well) we can’t really offer any more advice.

We wish you the best and Godspeed friends.

 

Has The Confederate Controversy Come To Louisiana?

Confederate Monument - Confederate ControversyAccording to local news reports, Louisiana Governor Bobby Jindal could not help but bring the Confederate statue controversy to New Orleans. However, in a surprise to many, Jindal says he will block moving the confederate statues.

In the last few months, there has been a significant move in the South to separate from Confederate images. Confederate symbols have been removed by the dozens in response to a racially motivated church shooting in South Carolina that involved the death of nine African-American worshippers in June.

The issue has polarized the nation and resulted in many arguments across southern states and beyond. Consequently, legal analysts anticipate a flurry of lawsuits on this contentious issue, which could possibly tie any new removal of monuments up for years.

Many of the statutes in question are on the National Historic Register and have been beloved by descendants of civil war veterans for decades. Relatives of deceased veterans are outraged that the monuments could be removed when they have been a historic part of the state’s landscape for more than a century. The group that funded the Robert E. Lee statue received a contract with the city over a 100 years ago.

But does Governor Jindal really have the ability to stop the city from removing the confederate monuments? The technical answer to this is no. Lawmakers say that he does not have any more standing than a private citizen. Moreover, he would have to file a lawsuit to obtain an injunction in order to prevent their removal. It is much more likely that he is using the subject as a campaign issue to garner popularity and press.

Estimates for the project show that it could cost millions of dollars to fight the legal battles and move the Robert E Lee statue at Lee Circle, the Jefferson Davis statue on Jefferson Davis Parkway, the P.G.T. Beauregard statue on Esplanade Avenue at the entrance to City Park and the Battle of Liberty Place Monument at Iberville Street. Since the city is already strapped for cash, a heavy legal battle could leave the city little funding for other important projects.

All of this comes in the wake of the Historic District Landmarks Commission and the Human Relations Commission recently voting to remove four specific Confederate monuments. According to council members, the statues are not representative of the beliefs of the majority of the city. However, it should be noted that their vote is just a recommendation to the City Council and not a guarantee that the monuments will be removed.

Price McNamara Can Help You With Your Legal Battle

If you are dealing with an injury, an accident or a worker’s compensation claim, you need an experienced and knowledgeable attorney to help you with your case. The legal team at J. Price McNamara is ready to help. If you currently reside in or around Baton Rouge, LA, we have the skills, experience and knowledge to help you get the outcome you deserve for your case. The law may limit the amount of time you have to file your case, so don’t wait. Call us now to get an experienced attorney on your side and a free case review.