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Articles Posted in Litigation

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Injured on a Boat on Land, Can you File a Lawsuit with Maritime Claims?

Activities on the water carry inherent risks. If you are injured while on the water, laws of admiralty and maritime jurisdiction generally rule. There are also allowances to invoke admiralty jurisdiction for injuries on land. To do so, one must satisfy conditions of both location and connection with maritime activity.…

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Proving ADA Violations: Sufficient Evidence is Required for Discrimination Lawsuits

Discrimination in the workplace should never be accepted. If you feel that you have been discriminated against for age or disability reasons, the law allows you to seek damages. A lawsuit of that nature is not unlike others; proof and evidence are required to proceed with your claims. The following…

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What Happens When Your Insurance Agent Doesn’t Procure the Coverage You Asked For?

Generally, when you ask an insurance agent for a specific policy, you expect them to honor your request. But what happens when your insurance agent doesn’t procure the coverage you requested for? The following case is an example of a property owner who believed he maintained insurance when he did…

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Insurance Disputes and Lack of Admitted Evidence Complicate Asbestos Injury Lawsuit

Insurance policies are often lengthy and very complicated. Therefore, understanding who may be liable when an injury occurs is critical, as failure to do so may lead to complex and expensive court proceedings. The following Iberville Parish case demonstrates the problems that arise when multiple insurance companies and policies are…

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Who is a Seaman under the Jones Act Coverage? Enter the Chandris Test

A disabling workplace injury can be a nightmare for an employee who suffers physical pain, mental side effects, loss of income, and the uncertainty of litigation. And when large sums of money are involved, an employer will want to fight tooth and nail to avoid liability. This can be particularly…

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Maringouin Police Chief Appeals Verdict Assigning Liability in Response to Domestic Violence Dispute

Police officers can often put themselves in dangerous positions when responding to calls related to domestic violence because tensions and emotions are usually running high. In close-knit communities, it is also not uncommon for victims and perpetrators of domestic violence to have prior relationships with the police. Such was the…

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Lake Charles Slip and Fall Lawsuit Against Kroger Fails for Lack of Notice

Imagine shopping at the grocery store, selecting fruit, when suddenly you are flat on your back.  Not just embarrassing but also painful and potentially injury-causing.  Who should be liable in this type of case? In a similar case involving a Lake Charles Kroger store, the answer lay in who had…

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Slip and Fall at Home Depot Lawsuit Dismissed on Lack of Proof of Unreasonable Risk of Harm

Customers have an expectation of safety while shopping in retail stores. When a customer is injured while on the premise, they are entitled to damages. However, a customer may only recover damages if adequate proof is shown. Proof of an unreasonable risk of harm is a critical element of Louisiana…

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If I’m Injured in a Car Accident in Louisiana but Have Texas Insurance Which State’s Law Applies?

Have you ever been involved in a car accident that potentially involved two states and wondered which state’s laws would govern your personal injury lawsuit? Say, you have an insurance policy issued in Texas, and you get into a car wreck in Louisiana. Which state’s laws will apply if you…

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Do You Have to Disclose a Personal Injury Claim to a Bankruptcy Court?

Filing for bankruptcy can be an overwhelming experience. Many disclosures must be made, and failing to do so can have severe consequences for other legal matters. For example, what happens if you are involved in a personal injury lawsuit after filing bankruptcy? Must you disclose that claim to a bankruptcy…

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