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Articles Posted in Civil Matter

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Bogalusa Fire Department Made to Pay Workers Compensation for Fireman’s Heart Condition

Don’t get burned by worker’s compensation failing to pay for your injury. Make sure that you understand what your rights are whenever you file a worker’s compensation claim. Clinton Miley, a firefighter with the Bogalusa Fire Department, suffered from paroxysmal supraventricular tachycardia (PSVT) after 19 years on the job. He…

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Louisiana Supreme Court Will Not Overturn a Fairly and Honestly Obtained Arbitration Award for a Mere Error of Law

In  executing the terms of a construction contract, a builder and its subcontractors may not perform their duties as mandated under the terms of the contract. If a builder fails to perform its duties, then a property owner may file a claim for breach of contract and damages against the…

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Court of Appeal: Medical Treatment Guidelines Can Be Applied Retroactively

In 2009, the Louisiana Legislature enacted a statute establishing a medical treatment schedule for workers’ compensation claims. This statute took into account the combined concerns of the labor force, insurance companies, and medical providers to establish harmonized guidelines for the treatment of injured employees. The need for this statute stemmed…

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Lafourche Parish Sheriff’s Office Found Negligent in Causing a Woman’s Broken Arm in “Self Defense” Class

It’s common sense that self defense class instructors should teach the students how to defend themselves and not inflict pain or broken bones while instructing. However some instructors can go overboard while trying to “teach” these skills. The following case out of Lafourche Parish highlights what can go wrong when simulations…

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Louisiana Supreme Court Allows Class Action for La. Rev. Stat. § 22:1871 (Balance Billing Act) Violations

Class action lawsuit certification is one of the most complex areas of the law to explain. The question of whether a lawsuit would be best as a class action or as individual lawsuits often comes down to a determination of what is the best method for fair and efficient adjudication…

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Non-parties Cannot Bring an Action for Sanctions Against a Party or Attorney for Violating Discovery Rules In Louisiana Automobile Accident Lawsuit

In litigation, “discovery” is the legal procedure by which parties obtain evidence from other parties or non-parties. Examples of common discovery tools include depositions (a witness’s out-of-court testimony) or requests to produce documents or other things. In Louisiana, attorneys must sign discovery requests, responses, and objections to discovery requests. This…

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Just the Facts: Fifth Circuit Court of Appeals Articulates Summary Judgment Standards in Employment Lawsuit Out of Monroe

Countless lawsuits are decided under the legal standard of summary judgment. Summary judgment occurs when lawyers request a court to decide  whether there are enough facts in dispute to even proceed with a lawsuit. The party requesting summary judgment must show that there is simply no dispute of any material fact…

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