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Articles Posted in Civil Matter

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U-Haul and Fedex Trucks Collide, Claims Adjuster Repwest Makes a Quick Exit from Lawsuit

Renting a U-Haul truck can be a necessary burden when you are tasked with moving a lot of stuff from place to place. During the rental process you might be asked whether or not you want supplemental insurance policies.  But who do you sue when an accident happens?  In the following case…

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Jefferson Parish Legal Malpractice Lawsuit Deadline Extended Due to Fraud by Attorney

When attempting to bring a lawsuit in court, timing is everything. If a potential claim is brought too late your day in court may never come. However, Louisiana courts of law are generous in extending the deadline to file a lawsuit in instances of fraud.  In the following case out of…

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Orleans Parish District Court’s Interpretation and Application of the Louisiana Genetic Information Non-Discrimination Act is Affirmed on Appeal

Imagine growing up with a genetic disorder and having to struggle with the difficulties that these disorders bring to people and their loved ones. Nobody chooses to have a genetic disorder, and if severe enough the disorder can cause major setbacks in a person’s life. Even with protections in place…

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Improper Designation of Final Judgment in St. Tammany Parish Leads to Dismissal for Lack of Appellate Jurisdiction

Courts are not perfect, and sometimes they do not always render the correct decision. When a court makes an error in their judgment it can be very frustrating for all of the parties involved. Error can be very costly especially when a major issue, like finding coverage for a victim…

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Does an Insurer’s “Duty to Defend” Extend to Pre-Lawsuit Settlements in Louisiana?

Has your business sought to avoid litigation over its insured business activities by negotiating an out of court settlement? Louisiana business Meyers Warehouse, Inc. (“Meyers) pursued this route assuming its insurer, Canal Indemnity Company (“Canal”), would join Meyers in settlement negotiations. However, to its surprise, Canal refused to participate in…

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Catahoula Parish Prison Lawsuit From Inmate Burned by Furnace Dismissed

Accidents occur in daily life. Often, severe injuries result. However, prison accidents rarely are discussed. Prisoners who are victims of  accidents while serving time  are often provided with the same legal protections as an average person. Mr. Fisher was serving time in Louisiana. During his time incarnated, Mr. Fisher worked…

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Orleans Parish Case Sent Back to Trial Court for Evidentiary Hearing over Relevant Evidence and Arbitration Clause Validity

What happens if the trial court makes a mistake? The case can work its way through the court of appeals and even the state supreme court just to be sent back to trial court to begin again. This case involves a lawsuit filed in Louisiana court by a transportation company (“Star”) against…

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Arbitration Decided to be the Preferred Method of Alternative Dispute Resolution in Contract Dispute out of Orleans Parish

Is  arbitration the best choice even if you don’t think you chose it? In this case out of Orleans Parish the Louisiana Fourth Circuit Court of Appeals decided on an appeal for a declaratory judgment action seeking a decision that the parties had not agreed to arbitrate in their contract.…

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Plaquemines Parish Construction Project Lawsuit Shows Complexities of Louisiana Prescription Rules

In  Louisiana, the objection of prescription extinguishes a legal right of recovery when a party fails to exercise it over a given period of time. It is essentially a time limit on a claim, which can be raised in a couple of ways. Typically, it is raised by a peremptory…

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New Orleans Business Insurance Claim Dispute Leads to Clarification of Requirements to Receive Payment

Insurance companies are coming under increasing pressure due to the recent proliferation of natural disasters in the United States. For an insurance company, navigating the boundary between legitimate and bad faith denial of claims can be a very risky business. However, courts are providing more and more guidance for insurers of companies who…

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