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Articles Posted in Civil Matter

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Slip and Fall Case From Eastern District of Louisiana Focuses on Weight of Evidence and Flip Flops

Evidence in a trial can take almost any shape or form.  For murder trials, people think of weapons.  For fraud cases, perhaps incriminating documents comes to mind.  For a personal injury case, the options are almost limitless yet likely “flip flop” is not the first image that pops up; especially…

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Jefferson Parish, Louisiana- Why Did the Fifth Circuit Find This Plaintiff’s Claim Outside the Scope of the Consumer Leasing Act?

A person may seek help from the federal court system when that person feels that they have been cheated or wronged.  However, one needs to make sure that the federal court can actually help the situation. Personal jurisdiction is the ability of a court to exercise power over a person…

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Law Firm Does Not Receive Share of Settlement Per Court Ruling

When representing a client, an attorney and law firm must do their due diligence and advocate for their client in the best way possible. An excellent attorney will put in countless hours for their client and will not stop working until the job is completed. Not all attorneys do this…

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Competing Contract Terms Complicate New Orleans Hotel Shareholder’s Life Insurance Policy

Securing a loan with collateral might seem like a simple and everyday task, but even the smallest of mistakes in the process can carry severe consequences. Brent Kovach (Mr. Kovach), a shareholder in a few New Orleans French Quarter hotels, experienced the repercussions of a simple oversight when one paragraph…

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Life Lesson: Be Diligent or Be Forced to Litigate in Indiana!

In litigating claims, parties (particularly the attorneys) must exercise diligence. This means being timely when it comes to gathering evidence, complying with a court order, or filing a pleading, motion, appeal etc. In its Commentary to the Model Rules of Professional Responsibility, the American Bar Association specifically warns that procrastination…

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Louisiana Second Court of Appeal Affirms West Monroe Vehicle Conversion Case

Have you ever wondered what happens when someone wrongfully takes or destroys your personal property? Conversion occurs when one sells or disposes of property belonging to another without permission. The case discussed in this post describes the conversion of a vehicle that was towed and sold to a third party…

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Louisiana Court Uses Statutory Construction to Overturn Dismissal Based Upon Procedural Issue

Legal issues can be separated into procedural and substantive categories. Although some may view procedural requirements as mere technicalities, they are essential to the efficient and fair operation of the legal system. Parties to a lawsuit must ensure that they meet all procedural requirements of a lawsuit, or else risk…

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What Happens When a Trial Witness is “Unavailable” to Testify? Tangipahoa Parish case of woman hit by car while on horse answers that question.

Imagine going for a horseback ride to clear your head and take a time-out from the hectic everyday happenings of life. Now imagine that the relaxing ride comes abruptly to an end when both you and the horse are involved in a collision with an automobile. A similar situation occurred…

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Louisiana Court Distinguishes between “Insurance Claim” and “Court Judgment”

When plaintiffs sue based upon statutes, legal decisions often hinge upon how the statute is interpreted. In many cases, this can depend on how the court interprets the meaning of a single word within the statute. In order to interpret legal statutes, courts employ a process known as statutory construction.…

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Defamation Claims Prove Hard To Prevail In Case Against St. Tammany Parish Hospital And Treating Physician

Imagine you go to a hospital for a medical emergency such as leg weakness, back pain, and paresthesia. While you are at the hospital, you feel that you are treated harshly and unprofessionally by the physician that examines you. Later, you find out that the physician wrote insulting things about…

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