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Articles Posted in Litigation

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Louisiana Court of Appeal Discusses Driving Rules in Left Passing Motorist Case

When you are in a motor vehicle accident, there are many issues that can arise as to the issue of fault and whose version of events is more reliable. Conflicting versions of what happened can make it difficult for the court to assign fault. It is thus important to always…

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Louisiana Medical Malpractice Case Dismissed in Summary Judgment Because of Lack of Evidence

In November 2008, in Claiborne Parish, Mr. Fields went to Willis Knighton Claiborne Regional Health Center for complaints of diarrhea. Mr. Fields also had an extended history of medical issues, including hypertension and a kidney transplant. He saw a nurse practitioner, who consulted with a doctor and gave him a…

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Pro Se Litigant Loses Claim Over Failure to Meet Burden of Proof in Louisiana Court

When asserting a claim under constitutional law, the moving party must meet a specific standard that is easily navigated by an attorney. As one Louisiana man recently learned, without the help of a lawyer, navigating these pleading standards can be difficult and detrimental to the outcome of your case. In…

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Failure to Maintain a Claim at Each Level of the Court System Causes Man to Lose Federal Question Jurisdiction

In a lawsuit, a client’s claims need to be monitored every step of the way. If an issue is revived in an appeal, an attorney must keep track of it and reinforce it at each new representation. If an attorney doesn’t continue to assert a claim, a court might think…

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Get It in Writing: Court Refuses to Recognize Oral Agreement to Frack Oil Wells

We enter into contracts all the time without putting the agreement in writing; we form contracts when we buy a cup of coffee, when we shop online, etc. Some types of contracts, however, are required by law to be in writing. Kevin and Monica Schmidt (the Schmidts) learned this the…

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Richwood Inmates Lawsuit Dismissed After Failure to Adhere to Procedural Rules

The importance of adhering to required timelines and District Court orders could not be overstated. A failure to comply with court deadlines can result not only in your claims being dismissed but also a heavy fine. Former inmates at Richwood Correctional Center (“RCC”) learned that the hard way on appeal…

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Court of Appeals Rules Electronic Signature Valid for Uninsured Motorist Coverage Rejection

How familiar are you with your motorist insurance policy? Are you fully covered for uninsured/underinsured motorist coverage? In Louisiana, uninsured motorist coverage protects you if you’re in an accident with an at-fault driver who doesn’t carry liability insurance. Underinsured motorist coverage, on the other hand, steps in when you’re in…

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Icees & Insurance: Fifth Circuit Court Dissects “Parallel” Proceedings

A unique feature of our American federal system is the separate yet intertwined system of state and federal courts. Sometimes a dispute may begin in a state court and end up in federal court. And sometimes, there may end up being parallel proceedings in both the state and federal systems.…

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Can Reasonable Minds Agree? Louisiana Court of Appeal Declines to Question District Court Dismissal

Reasonable minds could perhaps agree that “reasonableness” is a word not easily defined.   What is reasonable to one person may or may not be reasonable to another.  Yet, “reasonableness” is often the term used to measure the soundness of lower courts’ decisions on appeal.  And in the case at hand,…

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