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Articles Posted in Litigation

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50-50 Fault Allocation: The Complexities of Determining Fault in Workplace Accidents

Workplace accidents can be devastating, and determining fault can be complex and challenging. Clark Nixon, a dump truck driver, recently found himself in this situation after a workplace accident left him injured. While working at a job site for the Terrebonne Levee & Conservation District (“TLCD”), Nixon was involved in…

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Challenging Damages Awards: Why Courts Tend to Defer to Juries in Personal Injury Lawsuits

It may not be uncommon to recover less than you had hoped in a personal injury lawsuit. However, challenging the amount of money you are awarded to get more is a challenging feat. A recent case out of the East Baton Rouge Parish explains why courts tend to defer to…

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Louisiana Court Requires Falsity Finding in Lawyer’s Defamation Lawsuit

The old Disney adage from the original Bambi movie, “If you don’t have anything nice to say, don’t say anything at all,” is probably wise life advice. Still, when it comes to legal advice, any good attorney will tell you, “if you can’t establish the falsity of the claims said…

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Casino Personal Injury Lawsuit Misses the Jackpot

Casinos can be a chaotic mix of adrenaline and alcohol. While a cultural staple of sportsmanship and skill, it is unsurprising that injuries often occur at casinos. The casino may be liable in some instances, but casino guests are also responsible for acting reasonably and taking precautions to ensure their…

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Tragic Loss: Lawsuit Highlights the Importance of Expert Testimony in Medical Malpractice Cases

Having a sick child can be a nerve-racking time. Having a sick infant is even scarier as you, as a parent, feel helpless. In these times, caregivers turn to the experts in medical centers to help. But, unfortunately, a hospital can’t always help before it is too late.  In June…

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Court Finds Uninsured Motorist Coverage Waiver Valid, Denies Coverage for Injured Worker Injured

Protection from on-the-job injury is vital to any employee, especially those doing manual labor. But when so many types and subtypes of insurance coverage are involved in a single policy, how can you know when you’re covered? And what happens when you can’t tell if specific coverage applies to you?…

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Strict Federal Rules of Civil Procedure Kill Lawsuit Against Dillard University

Knowing and adhering to the Rules of Civil Procedure in bringing a lawsuit cannot be understated in its importance. Before a lawsuit makes it to court, various steps and procedures must be followed for the case to proceed. Chief among these pre-trial requirements is establishing that the court has the…

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Are Third-Party Contractors Caught in a Workers’ Compensation Loophole?

The evolving nature of employment now means the relationship between employer and employee can be indirect and through different contracting methods. In addition, many people employed by one company are, in fact, on the job doing work for another. A recent case in Louisiana highlights these distinctions and the risks…

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Appeals Court Determines Jury Question Was Not an Abuse of Discretion in Boat Injury Claim

Juries are one of the most important foundations in our legal system. Their role is to determine the truth behind the sometimes confusing legal language and provide justice. Juries rely on the information given to them by lawyers in the form of Jury Questions. However, when an alleged ambiguous term…

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Can a Judge increase a Jury’s Award of Damages?

The jury process is considered the great equalizer when it comes to the everyday man fighting large corporations. Juries in Louisiana are made up of twelve people tasked with evaluating the evidence and legal arguments of the parties. While juries do, their best mistakes can be made and corrected by…

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