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Articles Posted in Litigation

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Doctors Not Required To Act Perfectly: Determining The Applicable Standard of Care In Medical Malpractice Lawsuits

If your doctor makes an obvious mistake in a surgery, you might think you can succeed in a medical malpractice lawsuit against the doctor. However, Louisiana law does not require a doctor to act perfectly. Therefore, if you are considering bringing a medical malpractice lawsuit against a medical professional, you…

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Understanding Recovery in Excess of Insurance Coverage in Car Accident Cases in Louisiana

Receiving compensation from the at-fault driver’s insurance policy after a car accident can bring relief. However, it is essential to be aware of the potential complications if the awarded amount exceeds the other driver’s insurance policy limits. This case serves as an example of what can happen in such situations…

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Upholding Contractual Obligations: Legal Remedies for Noncompliance

Entering into a contract entails an expectation that both parties will fulfill their respective obligations. However, what transpires when one party complies while the other fails to uphold its promises? This case delves into the repercussions of such a scenario, shedding light on the importance of seeking legal remedies to…

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Is Strict Compliance With Settlement Agreement Terms Required?

If you sign a settlement agreement, you might feel relieved that you no longer have to go to trial. After all, settlements are generally thought to save you the time and expense of going to trial. But what happens if the other side fails to pay you the settlement funds…

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Worker Entitled To Workers’ Compensation From Injuries From Passing Out At Work

You might be eligible for workers’ compensation if you are injured on the job. However, you must be honest in your communications with your employer and medical providers because, under Louisiana law, you forfeit your rights to any such benefits if you make misrepresentations or false statements concerning your workers’…

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Clients’ Former Attorney Not Entitled To Funds From Settlement

What happens if you decide to switch attorneys partway through a lawsuit? If you are involved in a lawsuit involving multiple attorneys, you must understand all applicable contracts. Otherwise, you might be involved in a lawsuit with your attorneys, just like Deborah and Mark Kruse found themselves here. This case…

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Condo Management Company Liable to Owner For Loss of Use Of Condo Unit

Picture this: you’ve just bought a new condo, envisioning a future filled with joyful moments shared with loved ones. But what happens when those dreams are shattered because the condo management company neglects essential repairs for years on end? Robert Jordan, a condo owner, experienced this very nightmare when he…

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High-Stakes Legal Poker: Unveiling the Power of the Full Faith and Credit Clause

Imagine you’re in a nail-biting poker game, where every decision could tip the balance between winning and losing. Suddenly, one player reveals a Royal Flush—an unbeatable combination. This tension-filled scene mirrors the legal drama between Greenfield Advisors LLC, a consulting firm from Seattle, and Salas & Co., LC, over a…

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Pregnancy as a Disability and Employment Discrimination: A Case Analysis

Pregnancy invariably alters a woman’s life.  The process is physically demanding and disruptive, but do these challenges entitle a female employee to disability status under the law?  According to a recent Slidell, Louisiana lawsuit, pregnancy is not considered a disability under Louisiana employment discrimination law.   Shameka Brown worked as a…

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Medical Malpractice Claim Dismissed For Lack of Expert Testimony

In a medical malpractice lawsuit, there are numerous procedural and evidential requirements with which a plaintiff must comply to support their claim. This case illustrates what can happen if a plaintiff does not comply with these requirements, specifically providing expert testimony supporting the malpractice claim. Tanya Madere filed a lawsuit…

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