Seeking

Seeking a successful litigation firm practicing in the area of civil rights. (Posted: June 2011)

Seeking a successful litigation firm practicing in the area of trust law, criminal law, negligence, malpractice, and defamation, libel and slander. (Posted: June 2011)

 

Seeking a successful litigation firm to file suit for all allowable damages, against an oil – gas – land trust and certain beneficiaries personally for alleged violation of trust law, theft by deception, fraudulent misrepresentations, fraud upon the Court, and defamation. To determine and pursue actions for professional misconduct including negligence and malpractice. (Posted: June 2011)

Reply to: attorney@breachedjustice.com

 

FYI: Exhibits of the case material facts, supporting my allegations, have been established in the proceedings cited at this Breached Justice website. (See all drop downs Breached Justice – with attached links of established material facts depicted)

Louisiana law

“It is well settled in Louisiana an action for defamation can not be brought until those proceedings are terminated. See Waguespack v. Judge, LA App 5Cir. 2004 877 So. 2d 1090 (2004); Nolan v. Jefferson Parish Hospital Service District No. 2, LA App 5Cir. 2001, 790 So.2d 725 (2001); Allex v. Naccari & ABC Insurance Company, LA App 4Cir., 657 So. 2d 511 (1995).”

The Court of Appeal of Louisiana, Third Circuit; Paul A. Lemke v Keiser & Auzenne, L.L.C., et al, No. 05-893, held; Accrual of Right of Action or Defense: Most cases cited limitation of actions “During the time that judicial proceedings are pending, the one-year period that applies to the filing of a defamation action for statements made during the proceedings is suspended.”

Revocation of trust donations when entire patrimony is divested

It appears according to established cases that there is no prescription deadline to revoke any donation when the donor has divested of his/her entire patrimony. The cases indicate that even if he provided money to someone to care for him that the donations are still subject to revocation at any time. And if he donated assets to avoid seizure from creditors the cases also provide no prescription to revoke the donations, as;

Louisiana Civil Code

Art. 1498.  Nullity of donation inter vivos of entire patrimony

The donation inter vivos shall in no case divest the donor of all his property; he must reserve to himself enough for subsistence.  If he does not do so, a donation of a movable is null for the whole, and a donation of an immovable is null for the whole unless the donee has alienated the immovable by onerous title, in which case the donation of such immovable shall not be declared null on the ground that the donor did not reserve to himself enough for his subsistence, but the donee is bound to return the value that the immovable had at the time that the donee received it.  If the donee has created a real right by onerous title in the immovable given to him, or such right has been created by operation of law since the donee received the immovable, the donation is null for the whole and the donor may claim the immovable in the hands of the donee, but the property remains subject to the real right that has been created.  In such a case, the donee and his successors by gratuitous title are accountable for the resulting diminution of the value of the property.

Amended by Acts 1981, No. 645, §1; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 77, §1.

Fraud. Art. 1483.  Proof of fraud, duress, or undue influence

Interested firms please reply to: email: attorney@breachedjustice.com

*Note: I have filed and I am pursing formal complaints with the appropriate law enforcement authorities. I have filed formal complaints with the Louisiana Office of Disciplinary Counsel and other review authorities and I look forward to publishing the findings when rendered.