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Articles Posted in Litigation

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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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No Underinsured Motorist Coverage When Damages Less Than Responsible Party’s Policy Limit

If you purchase an under or uninsured insurance policy, you might expect it to cover you if you are involved in a car accident. However, such insurance policies only apply in limited circumstances. By understanding your under or uninsured insurance policy and what evidence is required to establish your damages,…

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When Are You Entitled To Have Counsel Appointed In A Section 1983 Case?

Although the Constitution provides for the right to an attorney in criminal cases, this right does not apply to civil cases. What happens if you bring a claim for excessive force but your attorney withdraws? Are you entitled to have counsel appointed to represent you?  Bobby Byrd was arrested on…

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Patient Awarded General Damages Where Surgeon Failed To Review Pre-Operative Test Results

Undergoing a surgery is always a nerve-wracking experience. You want to be able to trust that your surgeon conducted and reviewed the appropriate pre-operative tests. Can a surgeon be held liable if he or she fails to review the results of the pre-operative tests before performing the surgery?  Roger Burchfield…

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