Lafayette, LA, Commercial Litigation Blog

There may be a multitude of individuals in Louisiana and elsewhere who have digital assets they wish to be distributed amongst their loved ones after they are gone. When it comes to distributing property, the process of planning for digital assets is similar to that of physical possessions. However, there are certain unique issues that could arise when distributing digital assets, some of which could have a substantial impact on the outcome of the process.

As technological advancements continue to expand and grow, many individuals may take to online outlets to store a variety of digital possessions. Some examples of digital assets can include song or book collections stored through internet applications. Social media accounts and digital photograph collections are two more examples of digital assets a person may wish to pass on to his or her loved ones.

When the terms of a business contract are violated, the potential financial ramifications the situation can have on a company can be substantial. Business owners in Louisiana who encounter similar forms of conflict may wish to take steps to seek restitution for their losses. However, some might not be fully aware of the various types of legal remedies available when attempting to resolve a breach of contract claim.

One potential legal remedy for a breach of contract pertains to restitution for losses. If the other party is deemed culpable of failing to provide services or products that were paid for, the court may order this party to pay back the full amount in restitution. The court may also order the tortfeasor to pay compensatory damages to allow the other party to pursue that which was agreed upon in the initial contract through other means.

Many companies in Louisiana and elsewhere may feel it essential to ensure their products meet certain consumer demands. Should a company stand accused of providing misleading or false information about their products, they might consider it vital to take steps to protect their interests, as claims of false advertising could bring about dire financial ramifications. Three popular breakfast cereal companies are facing a similar circumstance after they were accused of falsely advertising certain ingredients.

The lawsuit reportedly stems from advertisements on Post, General Mills and Mondelez cereal boxes claiming that their products are made with real cocoa. However, they have recently been accused of using a process called alkalizing to alter the quality of cocoa products. According to the complaint, alkalized cocoa maintains a different acidic quality than real cocoa, and the suit says the process increases the acidity of the product to as high as a pH of 7 or 8.

Being accused of negligence can be a stressful and daunting experience. Similar allegations could have a lingering impact on the reputations of individuals in a variety of professions and the outcome of a subsequent lawsuit could have a substantial influence on their lives. Licensed professionals in Louisiana who stand accused of similar acts may find it helpful to better understand the basic elements of a negligence claim, as this could prove vital to forming a strategy for what comes next.

The first element of a claim for negligence pertains to the presence of duty. In this step, a person must be able to show that the licensed professional had a duty to provide a certain standard of service or care. Once duty is established, the other party must prove that the duty was breached through a failure to exercise this standard of care, and that the actions of this breach are the direct cause of any resulting injuries or damages.