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Articles Posted in Litigation

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Be Careful Whistleblowers: Louisiana Court Upholds dismissal of Qui Tam Action

Whistleblowers play a controversial role in the United States. Without Mark Felt, also known as Deep Throat, the world would have never known about the corruptions in the Nixon Administration and without Edward Snowden, the world would have never known the extent of the NSA’s surveillance on both U.S. citizens…

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Prisoner Sues Prison For Denial of an Extra Pillow And Mattress

Is it cruel and unusual punishment for a prison to not provide an extra pillow and mattress to an injured prisoner?  According to Fifth Circuit Court of Appeals, it is not.  It is unsurprising that inmates often complain about mistreatment from prison officials. But what is required for a prison…

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The Sweet Contractual Relationship Between Developer and Franchisor Turns Bitter Over the Meaning of Words

Contractual relationships can advance or dissolve as time passes, often turning sour when promises are not kept.  One or both parties may attempt to break the relationship but the underlying contract is not so easily terminated.  As a result, the parties may find themselves in a court battle over seemingly…

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Terminated Louisiana Lawyers Entitled to Portion of Award in Personal Injury Lawsuit

What if you are injured, hire a lawyer, and that lawyer fails to sufficiently work on your case? Outrage ensues and you may choose to fire that lawyer and hire a second.  But is that first lawyer entitled to payment if you happen to win and receive an award in…

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Louisiana Tech Company Loses on Attorneys’ Fees after Remand Run-Around

It is not uncommon for a victorious party in a lawsuit to seek attorneys’ fees upon their win.  There is no guarantee however the judge will agree an award of attorneys’’ fees are warranted.   In some cases filed in state court, the defendant can remove the case be heard in…

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Louisiana Court of Appeals Discusses Continuances and Dismissals in Louisiana

When a case goes to trial, there are many nuances that a lawyer might have to address, including a motion for a continuance or a dismissal. A continuance is the postponement of a hearing, trial or other scheduled court proceeding at the request of either party or by the judge.…

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Mandeville, Louisiana Man Not Allowed to File Lawsuit Against Lowe’s.

Res Judicata, also known as claim preclusion, is a Latin term that literally means “for a matter judged.” In the legal system, res judicata is a doctrine that prohibits a second lawsuit from being filed for a matter that has already been judged or decided on the merits. Once parties…

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Medical Malpractice Case Out of Ouachita Confirms Importance of Placing Evidence in the Court Record

In a medical malpractice case, often lawyers for either or both sides will hire what is called an expert witness.  These cases are complex and frequently require such experts to explain to the judge and jury the medical procedure at issue and what went wrong.  These necessary experts, however, are…

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Noise-Induced Hearing Loss Subject to Workers’ Compensation Law

What are your legal options when you experience job-related hearing loss? Are you limited to benefits under workers’ compensation laws or can you file a lawsuit for possibly a considerable monetary amount?  That was the essential question put forth to the Supreme Court of Louisiana in a recent case out…

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