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Articles Posted in Civil Matter

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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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Louisiana Court of Appeal finds buyer breached contract by not precisely adhering to contractual terms when he agreed to buy real estate before inspecting its flood elevation

Disputes between parties over a contract happen in the real world.  Even large sophisticated companies with legal departments and retained law firms have difficulty making air tight contracts that flow smoothly and are dispute free. A company named 1100 South Jefferson Davis Parkway, LLC (South) was selling a property in…

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Defendant in Superdome Personal Injury Case Not Let Off the Hook So Easily

  When a Louisiana resident is injured, she should consider filing a lawsuit against the person, group, or organization whose negligent or intentional acts were a proximate cause of the injury. However many potential plaintiffs do not realize that there may be several other persons and entities, not readily perceptible…

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First Circuit Affirms Dismissal of Lawsuit Seeking Injunction Against CVS Pharmacies From Selling Expired OTC Medication

When a person is harmed or comes across what that person sees as an injustice, that  person may feel that the only way out is through the courts.  However, someone seeking help in the courts must be sure that the problem is one that a court can help.  An injunction…

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Louisiana Lawsuit Illustrates the Importance of Timing for Medical Malpractice Claims

In initiating a lawsuit, timing is critical. In Louisiana, the doctrine of prescription bars a claimant’s legal right of recovery when he or she fails to exercise it within a given period of time. This doctrine functions somewhat similarly to what is known as the “statutes of limitations” in other…

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