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Articles Posted in Civil Matter

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How Can Being Persistent in a Workers’ Compensation Case Help You?

Filing dates and deadlines often add an extra layer of stress to an ongoing case. When poor health contributes to the challenges in meeting these deadlines, persistent advocacy can sometimes make up the difference. So how can being persistent help you in a workers compensation case?     After an unfortunate…

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How Can You Prove Employment Discrimination in Louisiana?

There are many reasons why someone can be fired from a job. In order to succeed in a claim for wrongful discharge because of discrimination, a plaintiff must satisfy various elements and provide sufficient evidence. Plaintiff-Appellant Arthur Moghalu sued his former employer, the Board of Supervisors for the University of…

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What Do You Do When Your Employer Denies Workers Compensation Benefits?

Workers’ compensation claims can be very stressful for the injured employee. Because of this, the law in Louisiana will help offset the legal costs of workers’ compensation claim denials by employers by awarding penalties and attorney fees ( PA&F) if the employer is found to have improperly denied the employees…

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What Happens When You File a Medical Malpractice Lawsuit in Lafayette Parish Late?

In the aftermath of suffering injuries from medical malpractice, filing a suit might not be at the top of your list. However, in order to maximize your chance of recovery, it is imperative that you timely file your claim without delay. So what happens when you do not file a…

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Man Doesn’t Have To Pay Back Alleged Disability Overpayments Without Proof

If you believe you are eligible for retirement, disability, or other benefits from the Social Security Administration (“SSA”), it is imperative that you understand how prior events, including those that may have led to overpayment of prior benefits, can affect your ability to collect these benefits. In 2010, Johnson applied…

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How can an Employer use the Courts to Deny a Family Medical Leave Act Claim?

Summary judgment is a legal standard many courts use when there are not enough facts in dispute to even proceed with a lawsuit. When applicable, this is a good strategy for a defense attorney to use because it purges claims that have no merit, saving time and money. The Fifth…

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Louisiana Court of Appeals Reverses Dismissal of Instructor’s Retaliation Claim Against Tangipahoa School Board

When someone reports misconduct, they might expect the wrongdoer to be reprimanded. They don’t generally expect to be punished themselves. That’s why Ronald Bias at Amite High School was not happy when he was retaliated against after reporting a colleague’s misconduct.   Mr. Bias was a senior Marine Corps instructor…

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Louisiana Supreme Court Affirms Retroactively Applying New Laws to Criminal Conduct Impermissible

Generally, citizens are not held to criminal standards that do not yet exist. When a citizen takes action, he or she is held to the criminal standards in place at the time of the act. To retroactively apply criminal laws is impermissible because that application tends to violate principles of…

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