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Articles Posted in Litigation

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Who Pays Who? Important Distinctions in Defining Insurance Terms

The language used in insurance policies can hold immense significance when determining the resulting coverage and payouts. In a compelling case involving three tug boats, the M/V Miss Dorothy, the M/V Angela Rae, and the M/V Freedom, an unfortunate collision prompted a dispute over insurance claims. As insurers of the…

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The Who, When, and How of Obtaining Murder Investigation Records in Louisiana

The 1985 murder of Denise Porter by stabbing was a horrific tragedy with life-altering ramifications for her husband, Joel, a Louisiana attorney. It also provides an example of how records from a criminal investigation can and cannot be requested. In Louisiana, immediate family members (i.e., the surviving spouse, children, grandchildren,…

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What happens if a roofer is injured while putting a new roof on your house?

When accidents occur on a construction site, questions of liability and responsibility arise, leaving property owners wondering about their potential legal obligations. In a compelling lawsuit from Alexandria, Louisiana, the issue of whether a homeowner can be held liable for injuries sustained by a roofer while working on their property…

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What Happens When You File a Claim For Workers’ Compensation in the Wrong Court?

Getting workers’ compensation from an employer is already difficult, but it is even more so when the claim is filed in the wrong court. Although employees are entitled to workers’ compensation, the claim has to be filed in the correct jurisdiction. The following case shows what happens when you are…

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Final Judgment Lacking Decretal Language: What Happens to Your Case?

It is well known that every court order contains a physical copy declaring what the verdict of the case is, otherwise known as a final judgment. However, the order must contain what we call “decretal language.” But what in the world does that mean?  The Louisiana Third Circuit Court of…

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When Is a Company Required to Pay for Certain Medical Treatments for Injured Longshore Employees?

Suffering an on-the-job injury is a challenging experience that involves physical recovery and navigating the complexities of the worker’s compensation system. Determining when and how to return to work can be daunting in such situations. The questions surrounding medical examinations and the responsibility of companies to provide additional medical advice…

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Lafayette Court Denied Retaliatory Discharge Claim, Instead Found Employer to be “Very Accommodating”

In the face of a potentially unlawful termination from your job, navigating the legal landscape can be daunting. If you suspect that you have been fired unjustly, it is essential to understand the critical elements required to bring a lawsuit against your employer for wrongful or retaliatory discharge. A recent…

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Endymion Parade-Goer’s Claim Dismissed as Untimely

New Orleans is well-known for extravagant and entertaining Mardi Gras parades. What happens when an unknown tortfeasor injures someone during a parade? As the following case demonstrates, the claimant only has a certain amount of time to bring a lawsuit against the wrongful party, or they risk dismissal of the…

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Dermatologist Not Liable For Patient’s Fall After Procedure In Louisiana Lawsuit

Medical malpractice claims typically involve allegations of negligence during a medical procedure. However, the following case presents a unique scenario where the alleged injury occurred after the procedure was completed. It examines the legal considerations and challenges in such situations, emphasizing the importance of evidence and expert testimony in establishing…

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Understanding Insurance Exclusions: A Case of Property Damage Coverage for Borrowed Cars

Borrowing a car from family or friends is a common occurrence. While you might think your car insurance protects you in the unfortunate event you are involved in a car accident while driving the borrowed car, it is essential to be aware of exclusions that might apply to your insurance…

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