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Articles Posted in Litigation

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Louisiana Appeals Court Finds Tangipahoa Parish School Board Partially Liable for Eye Injury Sustained on School Band Trip

If you are fortunate enough not to sustain serious injury as a result of someone else’s negligent actions, you may not realize that the compensation for your injuries can be apportioned and spread to other liable parties. Further still, if you were partially responsible for causing your own injury, you…

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Oral Loan Agreement Made During Romantic Relationship Survives Summary Judgment In Jefferson Parish

Love gone bad, broken promises and loans not written down come to a head in the following case in Jefferson Parish.  In the case at hand, Mr. Palmisano and Ms. Nauman-Anderson had been romantically engaged for several months, during which time Mr. Palmisano allegedly credited Ms. Nauman-Anderson with nearly $26,000…

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Louisiana Legal Malpractice Case shows how Court’s deal with Attorney’s Failure to Timely File a Lawsuit on Behalf of Client

The Court of Appeals in the Second Circuit of Louisiana recently took on a “case within a case.” This phrase is used in situations of legal malpractice against an attorney’s actions. For years a standard was set for these trials that required the client of the malpracticing attorney to prove…

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New Orleans Breach of Contract Between Subcontractors Centers on Contract Payment Provision “Pay if Paid” or “Pay when Paid”

Construction contracts can be confusing because contractors often use many subcontractors to carry out the terms of the contract. This is why when a dispute arises those involved in construction contracts need the best lawyer possible to untangle contractual provisions especially in the context of payment to subcontractors. The Dryades…

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Jefferson, Louisiana- Fifth Circuit Reverses Special Motion to Strike Overruling Trial Court Statutory Interpretation

When the law is clear and unambiguous and its application does not lead to absurd consequences, then the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature. If however there are multiple interpretations to a statute, the court…

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Playground Injury at Jefferson Parish Baptist Church Aftercare Program Leads to Lawsuit

Playgrounds bring great joy to young children.  Countless hours are spent sliding down slides, swinging on swings and traversing monkey bars throughout the state of Louisiana.  While it might come as news to some, playground equipment has certain set standards for what age range is appropriate to play on the…

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Louisiana Court of Appeal finds buyer breached contract by not precisely adhering to contractual terms when he agreed to buy real estate before inspecting its flood elevation

Disputes between parties over a contract happen in the real world.  Even large sophisticated companies with legal departments and retained law firms have difficulty making air tight contracts that flow smoothly and are dispute free. A company named 1100 South Jefferson Davis Parkway, LLC (South) was selling a property in…

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Louisiana First Circuit Court of Appeal Tackles Questions of Amended Pleadings and Federal Jurisdiction

In bringing or defending against a lawsuit, an important question is which court should hear the merits of the dispute, a state court or a federal court. Any court hearing the lawsuit must have “jurisdiction”; the power to hear a particular dispute. Under 28 U.S.C. § 1332, titled “diversity jurisdiction”,…

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