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Articles Posted in Litigation

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Wal-Mart Not Liable For Slip And Fall Accident in Houma, Louisiana

If you slip and fall at a store, you might think the store will be liable for your injuries. However, to succeed in a slip-and-fall claim in Louisiana, there are various elements you must show before you can recover. You might not recover for your injuries if you do not…

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Louisiana Court Reverses Company’s Liability to People Allegedly Exposed to Chemical Leak, Finding No Evidence of “Specific Causation”

When a chemical leaks from a local business and spreads to a residential area, it is easy to assume that the company has exposed itself to liability for every person exposed to the leak. But what does someone have to prove to be compensated for their exposure? A case out…

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What does “Not Charted, Not Done” Mean in Louisiana, and How Does it Apply to Medical Malpractice Cases?

When one enters the hospital in times of a medical emergency, they hope that they will receive the highest standard of care possible. Often there can be uncertainty, however, as to what the threshold is for the highest acceptable standard of care. In an emergency, it can also become unclear…

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Can a Contradictory Medical History Affect the Outcome of a Louisiana Motor Vehicle Accident Case?

Injury and negligence alone cannot support a personal injury claim. There must be causation or a link connecting a negligent act and the related injury to succeed at trial. A consistent medical history and a plaintiff’s credibility can enormously impact whether a jury decides that a negligent act caused an…

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Missing Golden Ticket: Lafayette Final Judgment Lacks Decretal Language

What do the movie, “Charlie and the Chocolate Factory,” and final judgments have in common?  Both require a “golden ticket” to succeed in the next phase.  In Charlie and the Chocolate Factory, each contestant must have a golden ticket to gain access to Willy Wonka’s Chocolate Factory.  In trial-level court…

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Can a Worker’s Compensation Claimant Receive Spinal Cord Stimulator Treatment in Louisiana?

Injuries sustained on the job present challenges for the employee and employer, especially when multiple sites of injury are involved. In addition, injuries all over the body can require different medical treatments for each affected area. Specialized treatments such as a spinal cord stimulator can be recommended to alleviate pain…

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The Collateral Source Rule, What is it and How Does it Apply to Workers Compensation

The Collateral Source Rule in Louisiana law prevents a tortfeasor (a person who harmed another) from benefiting from the victim’s receipt of funds from an independent source.  So what does that mean? Let’s say you were injured in a car wreck. As a result of your injuries, you have back…

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Louisiana Court Refuses to Assert Jurisdiction Over Conditional Judgment in Legal Malpractice Lawsuit

Lawsuits and appeals can bring up complicated legal issues such as jurisdiction. Jurisdiction is a legal principle that determines the extent and authority of a court to hear and decide cases. There are two primary types of jurisdiction: personal jurisdiction and subject matter jurisdiction. The first type, personal jurisdiction, is…

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Can You Appeal A Partial Summary Judgment in Louisiana?

Insurance claims can be complex, even for the courts. Lawsuits involving multiple plaintiffs and defendants are just as complicated. Claims, cross-claims, and counterclaims can arise from a single accident. Questions can arise during litigation, such as; can you appeal a partial summary judgment in Louisiana? A recent motorcycle accident in…

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Can Class Certification Occur By Use of an Excel Spreadsheet in Louisiana?

Most consumers in the U.S. are aware of increasingly high medical costs. For most people, those high costs are not directly paid; instead, they appear on a bill along with what one’s insurance company will pay as part of an agreement with the medical provider. Many insured consumers will look…

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