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Articles Posted in Civil Matter

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Discrimination Case Against Children’s Hospital In New Orleans Dismissed, Affirmed by Fifth Circuit

Many people in Louisiana have been in a situation where they are striving to earn a promotion at work. Employers typically reward loyal, qualified employees in these circumstances, but sometimes there is more than one employee who may be right for the job. The ultimate choice may leave other employees…

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Former Tennis Coach at LSU Losses Lawsuit After His Contract Isn’t Renewed

Everyone likes to be paid what they think they are worth at their jobs. But, sometimes employers take actions that make employees question their value and question whether or not the employer has ulterior motives. That seems to have been the thought process for the former coach of LSU’s women’s…

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Caddo, LA- Second Circuit Reverses Trial Courts Application of the Doctrine of Res Judicata In Lawsuit Against School Board

Litigating an issue once is a difficult and time consuming process in itself, and having to do so twice would be an unbearable and unfair burden which is the reason for the existence of the doctrine of res judicata. It serves the courts purposes of fairness and efficiency by preventing…

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Court of Appeal Upholds Full Interdiction Order In Livingston Parish Case Involving Brain Aneurysm

Mental and physical disability is a trying issue for families that can cause incredible stress, especially when the person suffering from these infirmities is unwilling or unable to recognize their condition.  Further, when the person is mentally unable to manage their health, personal, financial, and business affairs, legals steps must…

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Civil Contractor Not Liable for the For the Actions of an Independent Contractor in Wrongful Death Lawsuit from Springfield, LA

In 2012, an independent contractor, Charles Kamrath, contracted with Creek Services, LLC to move one of their bulldozers. Kamrath had previously moved the same bulldozer with his trailer without any complications. On February 24th of 2012, Kamrath loaded the bulldozer to his trailer and commenced the transportation to Hammond, Louisiana.…

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Calcasieu Parish Pro Se (Litigant Without Lawyer) Has Appeal Dismissed Due to Lack of Procedural Knowledge

In the law, it is quite rare for a case to ever be considered simple. Though the issues may seem quite obvious and clear to a plaintiff, it is almost never a good idea to represent oneself “pro se”. This is partially because of the subtle procedural pitfalls which may decide the outcome…

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Louisiana Appeals Court Finds Tangipahoa Parish School Board Partially Liable for Eye Injury Sustained on School Band Trip

If you are fortunate enough not to sustain serious injury as a result of someone else’s negligent actions, you may not realize that the compensation for your injuries can be apportioned and spread to other liable parties. Further still, if you were partially responsible for causing your own injury, you…

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Oral Loan Agreement Made During Romantic Relationship Survives Summary Judgment In Jefferson Parish

Love gone bad, broken promises and loans not written down come to a head in the following case in Jefferson Parish.  In the case at hand, Mr. Palmisano and Ms. Nauman-Anderson had been romantically engaged for several months, during which time Mr. Palmisano allegedly credited Ms. Nauman-Anderson with nearly $26,000…

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Louisiana Legal Malpractice Case shows how Court’s deal with Attorney’s Failure to Timely File a Lawsuit on Behalf of Client

The Court of Appeals in the Second Circuit of Louisiana recently took on a “case within a case.” This phrase is used in situations of legal malpractice against an attorney’s actions. For years a standard was set for these trials that required the client of the malpracticing attorney to prove…

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Jefferson, Louisiana- Fifth Circuit Reverses Special Motion to Strike Overruling Trial Court Statutory Interpretation

When the law is clear and unambiguous and its application does not lead to absurd consequences, then the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature. If however there are multiple interpretations to a statute, the court…

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