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Articles Posted in Civil Matter

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Video Surveillance Clears Dollar General: No Liability Without Proof of a Hazard

This case examines the requirements for proving merchant liability in slip and fall cases, emphasizing the importance of evidence and the burden of proof. Case Background Lamarr Pierite sued Dollar General, alleging he slipped and fell in a liquid substance at their store, causing injuries. After a trial, the court…

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Who Threw the First Punch? Factual Dispute Sends Lawyer Fight to Trial

This case delves into a courtroom clash that spilled over into a legal battle, raising questions about the appropriateness of summary judgment when factual disputes remain at the heart of the matter. Case Background Felix DeJean, an attorney, got into a physical altercation with District Attorney Bradley Burget while discussing…

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Time’s Up! Court Rules Umbrella Policy Claim Prescribed in Louisiana Accident Case

The following case deals with the important legal concept of prescription (similar to a statute of limitations) and the rules for adding new parties to a lawsuit after the deadline has passed. Case Background Randall Iles was injured in a car accident and sued his auto insurer, State Farm Mutual,…

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Did the Son Have the Right to Lend Dad the Company Truck?

The following case explores the concept of “permissive use” in the context of uninsured/underinsured motorist (UM) insurance coverage. Specifically, it examines whether a son, given a company truck for work and personal use, had the authority to grant his father permission to drive the vehicle, thereby extending UM coverage to…

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When a Night Out Turns Tragic: Fight for Justice After a Parking Lot Shooting

A celebratory night out turned into a nightmare for Reuben Ellis when he was shot in a parking lot after attending a friend’s wedding reception at Bella Noche nightclub. Ellis’s quest for justice led him to sue not only the nightclub but also the property owner, Plaza Holdings, LLC. This…

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Lights and Sirens: When Emergency Response Leads to a Crash

Emergency responders have a critical job, often requiring them to speed and navigate through traffic to reach those in need. But what happens when those actions result in an accident? Who’s at fault when an officer responding to an emergency collides with another vehicle? A recent Louisiana Court of Appeal…

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Can You Sue for Stolen Data That’s Not a Trade Secret? Court Ruling Clarifies

In today’s fiercely competitive business environment, safeguarding trade secrets and confidential information has never been more crucial. A recent legal clash between Brand Services, an industrial scaffolding company, and Irex Corporation, a competitor, illustrates the challenges of protecting intellectual property in the digital age. This blog post examines the dispute,…

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Tragic Accident: A Bow Hunter’s Unfortunate Demise and the Legal Battle That Followed

In a heart-wrenching incident, Dr. Alan Sandifer, an avid bow hunter, tragically lost his life in a freak accident involving his Hoyt compound bow. The Sandifer family’s quest for answers led them to the courtroom, seeking justice through a lawsuit against the bow’s manufacturer, Hoyt Archery, Inc. This blog post…

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Insurer’s Res Judicata Gambit Fails: Court Revives Car Accident Victim’s UM Claim

In a recent decision, the Louisiana Court of Appeal, Fifth Circuit, overturned a trial court’s ruling that had dismissed a plaintiff’s uninsured motorist (UM) claim against her insurer, USAA, based on a previous settlement with the at-fault driver’s insurance company. The case, Tonyel Singleton v. United Services Automobile Association, highlights…

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Street Collapse and the Question of Notice: Court Reopens Case Against City and Contractor

In a recent decision, the Louisiana Court of Appeal, Fifth Circuit, overturned a summary judgment in favor of the City of Kenner and Veolia Water North America-South, LLC, in a personal injury case. The case, Candido Perdomo v. City of Kenner and Veolia Water, involved a garbage collector, Candido Perdomo,…

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