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Articles Posted in Litigation

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When Is Department of Transportation and Development Liable For Car Accident Damages?

We all expect the government to take appropriate measures to keep roads safe. If you or a loved one has been harmed from an unsafe road condition, you might be able to file a lawsuit against the Department of Transportation and Development.  Lacy Johnson was driving a car that was…

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Gift Or Debt? What Happens To Car When Relationship Goes Sour

When you are in love, you might make purchases for your loved ones without giving them much thought. But what happens to big ticket purchases, like a car, if your relationship sours? William Redmon and Leisha Lindsey were acquaintances from high school. They started seeing each other. Lindsey said she…

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When Do Employers Have To Pay Penalties And Attorney Fees For Denying A Workers’ Compensation Claim?

If you are injured on the job, you might be entitled to compensation through the workers’ compensation system. What happens if your employer denies your claims for treatment recommended by your treating physicians? Can your employer be required to pay you penalties and fees? Betty Citizen hurt her back while…

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Settlement Agreements Do Not Preclude All Future Lawsuits

Entering into a settlement agreement can help efficiently resolve a lawsuit and allow both parties to move forward. However, sometimes you might be involved in multiple interrelated lawsuits. If you sign a settlement agreement with one party, are you precluded from pursuing other related litigation? Donald Hodge Sr., who is…

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Unilateral Signature On Contract To Buy Real Estate Invalid

Buying and selling real estate can be stressful because of the emotions and large sums of money involved. In order to have certainty in transactions involving real estate, Louisiana law has strict requirements of what is required to form a valid contract, including signatures from both the buyer and seller.…

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When Does Prescription Start To Run In False Imprisonment and Arrest Cases?

Prescription refers to the amount of time you have to file a lawsuit. If you do not comply with this procedural requirement, your case will be dismissed. In order to determine the date by which you must file your lawsuit, you need to know both the prescription period and when…

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When Are Oil Companies Liable For Damage to Oyster Leases?

While many people enjoy oysters, few people are aware how oyster leases work. This case involves a couple who held oyster leases that were harmed when a company decided to renter a nearby oil well. Can that company be held liable for the damages to the holders of the adjacent…

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Worker Did Not Commit Fraud In Pre-Work Medical History Questionnaire

Honesty is the best policy. This is especially true in the workers’ compensation space, because if you are found to have been fraudulent, you forfeit your right to workers’ compensation benefits.  Before Alex Turner started working for Chicago Bridge, he completed the Louisiana Office of Workers’ Compensation Second Injury Questionnaire.…

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Causation in Personal Injury Cases: Analyzing the Impact of an Accident on Pre-existing Injuries

“Causation is an issue of fact.” “It is the test for determining the causal relationship between an accident and an ensuing injury.” D’Angelo v. Guarino. This definition was vital in the following case. In this case, court records revealed that Dwayne Levine (Plaintiff) was involved in an accident in 2012…

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Expert Witness Testimony Key For Defense Victory In Lawsuit Involving Car Accident

Car accidents can often give rise to lawsuits with complicated issues of causation and damages. Often, one or both sides will have expert witnesses to help explain complicated issues to the jury. What happens if one side argues the other side’s expert witness should not be allowed to testify as…

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