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Articles Posted in Civil Matter

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Louisiana Appeals Court affirms no damages should be allocated to minors Because of Lack of Proof

What happens when a plaintiff is injured, and damages are denied? How can a plaintiff prove they suffered injuries from an accident? According to Louisiana law, a plaintiff must prove, by a preponderance of the evidence, that his or her damages were the result of an injury caused by the…

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Partial Judgment Leads to Dismissal of Appeal in St. James Parish Car Accident Case

A party to a lawsuit may wish to appeal a court’s decision that they find unfavorable. But under Louisiana law, in most situations only final judgments can give the Court of Appeal jurisdiction to hear the case. In November of 2012, Jonathan Vince was the driver of a car in…

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Baton Rouge Man Accuses District Court of Abusing Its Discretion and Denying Him Due Process

The Louisiana Code of Civil Procedure provides that a court has wide discretion in granting a continuance (a postponement of the proceedings) in any case where appropriate. See La. C.C.P. art. 1601. But what constitutes appropriate grounds for a continuance? A court must take into account the specific facts of…

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After Bar Fight in Lake Charles, Louisiana, Court Reviews Award of Damages

People bring lawsuits in order to obtain compensation for wrongs they have endured. Even when there is no dispute about liability, determining the appropriate categories and amounts of damages can be complicated as it involves numerous legal and technical issues. Damages can encompass everything from past and future medical expenses…

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Court Reverses Award of Damages for Failure to Comply with Flood Insurance Requirements

There are multiple requirements and policies that claimants must follow in order to be eligible to recover on a claim under a National Flood Insurance Program (“NFIP”) Standard Flood Insurance Policy (“SFIP”). See 44 C.F.R. pt. 61, app. A(1) art. VII sec J (2009). Failure to comply precisely with these…

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Court Affirms Denial of Claim for Failure to Comply with Flood Insurance Requirements

The National Flood Insurance Program (“NFIP”) is intended to provide affordable flood insurance on fair terms. The Federal Emergency Management Agency (“FEMA”) is responsible for administering and regulating NFIP. There are multiple requirements and policies that claimants must follow in order to be eligible to recover on their claim. The…

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Court Upholds Award of Damages for Retaliation Against Pilot for Complying with Federal Law

You may think that your company would be pleased if you try to comply with company policies. However, this is not always the case, especially when following policies can lead to adverse outcomes for the company, such as delayed flights or lost profits. Roger Luder worked as a pilot and…

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Increased Fault Imposed on Calcasieu Parish School Board In Teacher Sexual Misconduct Lawsuit

It’s the subject of Lifetime Channel movies but something that no parent ever wants to believe would ever really happen.  A teacher, a person in authority over minors, takes advantage of a student and engages in sexual misconduct. When this happens, is it ever appropriate to apportion some percentage of…

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Pointe Coupee Parish Employee Denied Insurance Coverage in Work-Related Car Accident

Insurance policies can be varied, complex, and at times unintelligible.  Policies are generally purchased for a time of need. Yet in many cases, the insurance company worsens a stressful event by denying coverage. Coverage can be denied for many reasons including when the claimant is an “uninsured motorist.” In a…

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