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Articles Posted in Litigation

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Summary Judgement Reversed for Insurance Company in Wrongful Death Case

The loss of loved ones is never easy, especially when they are taken away in sudden, unexpected ways. Though there is no dollar value that can replace human beings, monetary damages are a form of recovery in cases of wrongful death. Sometimes the steps to that recovery can be difficult,…

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East Baton Rouge Customer Hit By Plastic Bin Loses Case Against Home Depot

Most customers do not expect to be hurt by store merchandise when they go shopping. Yet, each year dozens of individuals are injured due to “falling merchandise.” The following Louisiana First Circuit Court of Appeal (“the Court”) case is a perfect example of what happens when an individual seeks legal…

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Company Unsuccessful in Abuse of Process Claim After Lengthy Legal Battle

Ever feel like you have been wrongfully brought to court? If so, then what legal remedies do you have at your disposal? In Louisiana, the law provides a person who has wrongly been brought to court with a tort cause of action called abuse of process. A recent Fifth Circuit…

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Do You Have a Fair Bargaining Positioning When Contracting with Your Employer?

Labor contracts are often tricky and scary because potential employees generally find it difficult to negotiate with employers for terms favorable to them, while employers use standard contracts with terms potential employees don’t understand or aren’t used to seeing, which guarantee the employers a better deal. The National Labor Relations…

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Citing Indemnity Provision, Court Attributes Liability on Leasee in Bastrop, Louisiana Slip and Fall Case

Leasing agreements often are complex and lengthy, especially in a commercial context. A common provision contained in most leasing agreements is an indemnity provision. An indemnity provision is a section in a leasing agreement that requires the leasee (the person who leases the property) to take responsibility for certain lawsuits…

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Can a Trial Court Disregard the Jury’s Determination of Fault in a Foot Injury Case?

When bringing a personal injury lawsuit a plaintiff must prove that the defendant in the lawsuit caused the injury. Often, when an injury involves two parties, the question of who caused the injury has a relatively straightforward answer. However, problems arise when the circumstances surrounding the injury involve multiple parties.…

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Louisiana Third Circuit Describes How Life Insurance Payouts Can Go Wrong

Life insurance benefits can provide beneficiaries with the monetary needs they require. What is a life insurance policy? An insurance company agrees by contract to provide a lump-sum payment, called a death benefit, to the beneficiaries upon the insured’s death in exchange for premium payments. But what happens when the…

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