Lafayette, LA, Commercial Litigation Blog

Upon entering a business relationship with another party, company owners may typically begin by setting clear guidelines on the terms of the arrangement via a contract. Should a company in Louisiana feel that another party has violated these terms, it may wish to seek restitution through litigation. Although claims of breach of contract continue to be some of the most common sources of dispute among business relationships, many owners might be uncertain of the requirements for proving a breach has occurred.

One of the first steps involved with the process is to prove that a valid contract exists. This contract must include and cover all the basic elements of the business agreement. Next, one must be able to prove that the other party is culpable of violating the terms of the agreement, and the other party must be notified of the alleged breach prior to legal proceedings.

When two or more companies in Louisiana reach an agreement to enter a business relationship, each party may do so with every intention of upholding its end of the deal. However, circumstances can change, and should a company become incapable of complying with contractual obligations, the other parties may wish to take steps to pursue restitution. The Professional Golfers' Association is seeking as much as $1.19 million in restitution after accusing a sponsor of breach of contract.

The PGA Tour claims that it initially reached a five-year sponsorship agreement with the company Digital Ally. In the agreement, the PGA Tour had arranged to name one of its tour stops the Digital Ally Open. However, over the past two years, it asserts that Digital Ally has failed to pay its annual sponsorship fees and it has since filed a breach of contract lawsuit against the company.

As a medical professional in Louisiana or elsewhere, being accused of negligence can be one of the most stressful experiences one may ever face. Should a former patient attempt to pursue financial restitution through a medical malpractice claim, the average person might be uncertain how best to prepare for litigation. Those who are facing a similar circumstance could benefit from seeking legal counsel as soon as possible for advice on what to expect from the process.

One of the first steps to take after a lawsuit is filed is to contact one's malpractice carrier and inform the company of pending litigation. Those who stand accused of negligence may also benefit from preparing for court proceedings by building a strong defense strategy. Although one may feel that proving a certain standard of treatment was provided is enough to defend against claims of neglect, it may be advisable to understand how the opposition could attempt to poke holes in one's story.

Many individuals in Louisiana and across the nation consider it essential to have a strategy in place depicting what will happen once they are gone. In some cases, a person may choose to convey his or her final wishes through a will. Although those who wish to contest a will may find it helpful to understand the scenarios in which the document could be deemed invalid, challenging a will can still be a complex process.

One scenario in which a person may have grounds to contest a will pertains to the testamentary capacity of the testator. If it can be shown that a person lacked the capacity to fully understand the terms of the will prior to its execution, the document could be deemed invalid. A person may also be able to challenge a will if the document was not signed in accordance with Louisiana state laws.