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Articles Posted in Litigation

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Eunice Police Chief Comments about Business Owners Found Defamatory

Running a small business is a challenging endeavor that can prove even more difficult if someone publishes false information about your company.  This is situation is exactly what happened to husband and wife Robbie and Susan Arnaud, owners of Robbie’s Wrecker Service, a towing business located just outside Eunice, Louisiana.…

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How Does Jury Instruction Impact Medical Malpractice Cases?

Navigating any lawsuit can be challenging, especially when the initial trial gives rise to complicated appeals. In this instance, the plaintiff was left wondering how jury instruction impacted her medical malpractice lawsuit.  Mrs. Sherry Wedgeworth filed a medical malpractice lawsuit against Dr. Tynes Mixon, an ear, nose, and throat (ENT)…

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Personal Injury Claim in Streetcar Accident Barred by Prescription

If you are injured and think another party might be at fault, it is important to contact an attorney as soon as possible. If you wait too long, your claim, and any chance of recovering damages could expire, leaving you with little recourse against the responsible party. In the law,…

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A Plaquemine Worker’s Request is Dismissed Due to Lack of Jurisdiction and Statutory of Limitation

In deciding whether to dismiss a specific case, the Appellate Court should consider many factors. Among them are subject matter jurisdiction and statutory of limitation. The claims might be dismissed if they are filed to a wrong court which does not have the legal power to adjudicate on this case,…

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Court Affirms Dismissal of Medical Review Panel Complaint Because of Exception of Prescription

Timing is everything, especially when it comes to lawsuits. If you delay too long in filing a medical malpractice lawsuit, then you – like Mr. Verbois – may be unable to recover for the alleged negligent acts. In May 2011, Dr. Jonathan Taylor operated on Mr. David Verbois to repair…

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Recovery Denied In Case Where Twisted Stop Sign Causes Car Accident

In the legal world, establishing fault and determining liability is not always easy. In some situations, it may seem clear who is responsible for recovery, but in other cases the situation can become much more difficult than it initially seemed. This issue was explored after an automobile accident in Acadia…

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Jury Award of Limited Damages to “Serial Plaintiff” in Personal Injury Case Upheld by the Fifth Circuit Court of Appeals

The Louisiana Supreme Court has recognized that awarding damages for medical expenses without awarding pain and suffering damages, though seemingly inconsistent, is not invalid on its face. See Wainwright v. Fontenot, 774 So.2d 70 (La. 2000). Appellate courts afford juries great deference and disturb verdicts only when they are clearly…

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Classification of Offshore Drilling Platform as “Immovable Property” Under Louisiana Law Results in Dismissal of Worker’s Personal Injury Lawsuit

Offshore drilling platforms enable petroleum companies to access oil deposits beneath the ocean floor. Although these platforms are anchored to the sea floor, they are technically movable and can be relocated. Whether a platform is considered “immovable property” under Louisiana law became a central issue in a case involving an…

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Favorable Interpretation of Filing Deadline by Appellate Court Saves Monroe Medical Malpractice Petitioner from Summary Judgment

Often, in litigation – as in life generally – timing is everything. Courts and legislatures set certain time periods for each step in a legal proceeding to establish fairness and to impose reasonable order on the disposition of the case. Occasionally, these deadlines can be ambiguous or open to various…

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Master-Servant Relationship Involving Multiple Employers Scrutinized After Laplace, Louisiana Accident

Christmas is usually a busy time for families, especially those traveling to visit loved ones. For many businesses it is also a time for increased sales and higher profits. For this reason, it is common for companies to set strict targets and deadlines for employees to meet in order to…

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