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Articles Posted in Litigation

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What Authority, If Any, Do Courts of Law Have In Reviewing Arbitration Awards?

When entering into a contract it is important to read all the terms, especially the general provisions near the end of the agreement. Oftentimes those provisions state that a party must waive their right to a jury trial and settle all disputes arising from the contract by arbitration. Arbitration is…

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Insurers in Louisiana Have Duty to Defend Unless Complaint Unambiguously Excludes Coverage

Insurance is such a lucrative business because while almost everyone will purchase some form of it, very few will ever make a claim against the insurance company, and even fewer will be successful. This allows insurance companies to generate huge profits on premiums paid by policyholders. Unsurprisingly, those who do…

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Plaintiff in Minor Car Accident Unable to Recover Damages Because of Failure to Meet Burden of Proof

Minor car accidents occur on a daily basis. Many of us have probably been involved in a fender bender or two, ourselves. The usual course of action includes exchanging information and getting insurance companies involved, but even the smallest car accidents can lead to litigation. It is imperative to understand…

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An Avoyelles Hardwood Company Found In Contempt of Court for Failing to Comply with the Specifics of a Court Order

Parties to a lawsuit are required to submit evidence in support of their claim. Depending on the piece of evidence, the court may demand very specific evidence; and in such circumstances, complying with the mere spirit of the order to produce evidence may not be enough for the court. A…

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Outcome of Edgerly Case Dependent On Qualification and Use of Expert Witnesses

When asserting a cause of action or maintaining certain legal defenses in court, parties bear the burden of proving their case. This is done by presenting evidence to the court such as documents and witness testimony. Often, certain issues will require the court to make findings of fact which require…

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Marksville Automobile Accident Lawsuit Lost Because Plaintiffs Failed to Name Proper Defendant

Failing to name all potentially liable parties in a lawsuit in a timely manner could result in the loss of the right to add those parties to the lawsuit at all. A case out of Avoyelles Parish, Louisiana illustrates the importance of finding a good lawyer after an automobile accident…

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Louisiana Lawsuit Moves Forward After Arbitration Provision Deemed Inapplicable

How do you know whether an arbitration provision in a contract applies? The easy answer: read the contract. If you are a member of a company that provides services to you, such as financing your small business needs, you must be sure to closely read any and all documentation relating…

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Details are the key in Insurance Policy Contracts in Louisiana

No one likes to deal with insurance matters. Shopping for insurance and understanding the terms of an insurance policy can be complex. Most people are happy to just pay their monthly premiums and know that they have insurance when they need it – and then hope they never need it…

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