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Articles Posted in Civil Matter

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Appeal of Award for Attorney’s Fees Unexpectedly Results in Higher Award Amount in Louisiana Court

Have you ever heard the maxim “be careful what you wish for?” This phrase applies almost savagely to Robert Alvarez, a New Orleans financial advisor who sought relief on appeal from an order to pay attorney’s fees and costs in a dispute with his former employer. Robert Alvarez was associated…

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Louisiana’s First Circuit Court of Appeal Raises Its Own Peremptory Objection Due to No Cause of Action

In order to prevail in a lawsuit, the plaintiff must have a “cause of action,” which is a theory of law supported by facts that the court can recognize as a path to providing the plaintiff a remedy.  At trial, a defendant may raise a peremptory exception — essentially an…

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Federal Court Compels New Orleans Glass Company to Arbitrate in Construction Dispute

It really does go without saying, but lawsuits tend to progress slowly.  Delays abound and the realities of finite court resources mean that lawsuits can take years to complete.  As an alternative to using this system, some parties will agree to arbitrate disputes. Arbitration takes place outside the court system…

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Blood Test on Former Shreveport Police Officer Ruled Constitutional

Americans value their privacy. Yet in certain contexts, privacy is not absolute. For instance, an employer may order an employee to get a blood test if pertinent to a work-related incident, even if that employer is the government itself. The Shreveport Police Chief gave such an order when the department…

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New Orleans Construction Contractor Sues Private Investigator Over Prison Plea Deal

The worst thing that could happen if you are in a bad situation is for that situation to get worse. A New Orleans, Louisiana, resident found himself in that exact scenario when he was in legal trouble and subsequently found himself in even deeper legal trouble. MT, the defendant, owned…

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Surviving Spouse Loses Fight with First Wife Over Provisions of “Clear and Unambiguous” Will in Louisiana

Many people think that if they make a will, the administration of their property after death will go smoothly, with no questions asked. This is not always the case. A Louisiana case out of Jefferson Parish dealt with one of these precarious situations. After her husband, Anthony’s sudden death in…

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Judgement Reversed in 16.6 Million Dollar Coushatta Tribe Contract Case

A contract creates a level of trust between two businesses or individuals, but what happens when one individual fails to uphold their end of the bargain? Or worse yet, what happens when an individual purposefully misrepresents their ability to uphold their end of the bargain? These are issues the Louisiana…

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Ouachita Parish Woman Denied Workers’ Compensation for Seeking Payment too Late

When an employee is injured on the job, workers’ compensation is often a faster and more efficient method to seek damages than other judicial remedies. Once a judgment is entered, it is important for the injured party to promptly collect damages because this judgment could prescribe, or no longer be…

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