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Articles Posted in Litigation

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When Can an Insurance Company’s Bad Faith Handling in Auto Accident Claim Lead to Penalties?

Automobile accidents can be terrifying experiences.  Severe automobile accidents that involve injuries can be truly devastating and life altering.  In the event one is injured in an automobile accident, he/she has several options available to him/her in obtaining compensation for his/her losses.  More specifically, one may have a claim against…

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Can the Winner of a Lawsuit Receive the Costs of Pursuing the Case? Louisiana Court of Appeal Answers That Question.

In Louisiana, district courts (the lower level trial courts) have great discretion in awarding costs to a party. These costs can include expert witness fees, deposition fees, exhibit costs, costs for the clerk of court, the cost of obtaining medical records and related expenses. See La. R.S. 13:3666, and La.…

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Louisiana Court Highlights Left-Turning Driver’s Presumption of Negligence in Monroe Accident Case

When a driver fails to satisfy the standard of care, the driver’s negligence during an automobile accident may be considered in a lawsuit. The standard of care is the amount of caution that must be exercised by a person who is under a duty of care. A case out of…

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Louisiana Insurance Dispute Highlights Complexities of Concursus Proceedings

Concursus proceedings can be complicated. In a concursus proceeding, multiple parties assert competing claims to money or property. La. C.C.P. art. 4651. These types of proceedings are designed to free the court from the burden of dealing with multiple lawsuits. As a party to a concursus proceeding, you assert your…

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Dispute Over Attorney Fees In New Orleans Turns into Volleyball Game Between Courts and Arbitrators

Louisiana law strongly encourages arbitration as a method of resolving disputes. Arbitration is a form of alternative dispute resolution whereby parties agree to be bound by the decision of neutral third parties. Arbitration promotes efficiency in dispute resolution because it attempts to resolve disputes before court involvement becomes necessary. It…

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Louisiana Court Finds Medicaid to Be “Other Insurance” Under Revised Statutes

A car accident can create a significant change in one’s life. If nothing else, it can generate a large monetary cost that will be difficult to repay. Automobile insurance, which each person must have to a certain extent, can help with this cost.  Other sources like governmental benefits may be…

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Louisiana Whistleblower Law Protects Against Employer Retaliation

The State of Louisiana has laws in place to protect whistleblowers with legitimate claims. These laws are critical to protecting workers and promoting healthy corporate self-governance. In Louisiana, La. R.S. 23:967 protects an employee whistleblower from retaliatory actions when in good faith, the employee advised the employer of some unlawful…

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