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Articles Posted in Civil Matter

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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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Court of Appeal Describes How “Forced Heirs” Force Their Way into Inheritance

In Louisiana, you cannot “disinherit” your children. What does this mean exactly? It means that upon death, Louisiana law will allow a decedent’s children to share in his or her estate, even if the decedent left those children out as beneficiaries. The left-out children are called “forced heirs,” and will…

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Slidell Hospital Not at Fault in Lawsuit for Independent Contractor Worker’s Alleged Negligence

If your unlucky enough to slip and fall at a business the first person you would think about suing is the business itself. However, businesses today contract out many aspects of cleaning and other maintenance and in doing so also alleviate their responsibility for negligence on their property.  The following…

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The Plight of the Luddite: Increasing Concerns for Plaintiffs of Age Discrimination Claims

A Luddite is a person who is opposed to technological innovation. A Luddite will refuse to learn about new technology and will not incorporate it into their skills, either at work or at home. Having this mindset has obvious drawbacks for workers in today’s world, but what happens to the…

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Louisiana Appeals Court Defines “Employee” in Sexual Harassment Lawsuit From Iberia Parish

In the law, it is common for a case to turn on the definition of one word.  A word that ordinarily may conjure a single image can explode with possibilities, nuances, and sometimes disastrous consequences during a lawsuit.  For Mr. D that word was “employee.” In a recent case, the…

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Court of Appeal Discusses Louisiana’s “Lemon Law” Regarding Used Automobile Sales

Buying an automobile can be an exciting experience regardless of whether one is trading in an old gas-guzzler for a newer, more efficient model or buying brand new.  However, the process of buying an automobile can be a hassle if one happens to purchase a “lemon.”  In Louisiana, a “lemon”…

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Father of Color Guard Member Unable to Prove Negligence after MLK Parade Injury

When bringing a negligence lawsuit to recover damages for injuries sustained as a result of another person’s failure to act with due care, it is important to ensure that that sufficient evidence has been gathered in advance of the trial. A good lawyer knows that in order to properly safeguard…

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