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Articles Posted in Litigation

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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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Employer succeeds in Summary Judgment Motion in a Retaliatory Hostile Work Environment.

In the bustling corridors of the U.S. Postal Service in Istrouma, Louisiana, a tale of workplace strife and legal intricacies unfolded. Catherine J. Valdry, a dedicated mail carrier, found herself entangled in a web of allegations against her supervisor, Clifton Maryland, a Customer Service Manager. What began as a refusal…

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Louisiana Appellate Court Declines to Increase Damages Awarded To Car Accident Victim

Why would you appeal a judgment when the jury ruled in your favor? The following case involves a situation where the jury ruled in favor of an injured person, and he was awarded substantial damages. Still, instead of basking in the glow of victory, he chose to appeal the judgment.…

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Motor Vehicle Exclusion Precludes Insurance Coverage In Child’s Death

Although money can never replace a loved one, if you find yourself in the tragic aftermath of a loved one’s death, you might be looking to recover damages from the responsible parties. However, the process of recovering damages can be difficult and emotionally charged. This is especially true if an…

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Injured Passenger Cannot Recover From Both Liability and Uninsured Motorist Insurance Provisions

Automobile insurance policies can help compensate you if you are injured in a car accident. However, it is essential to be aware of potential policy exclusions that limit what you are entitled to recover. This is especially true with uninsured/underinsured motorist (“UM”) insurance because an insurer is allowed to have…

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When Is An Employee Entitled To Select A Physician For A Workers’ Compensation Claim?

When receiving medical care, the choice of medical professional can influence your treatment. If you have been injured on the job, you might not be sure if you can pick your own doctor or if you have to use a doctor your employer selects. Under the Louisiana Workers’ Compensation Act,…

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What are Lejeune Damages, and how do they apply in Louisiana Lawsuits?

If you prevail in a lawsuit, you might be entitled to various damages. One type of damages available in Louisiana is Lejeune damages, under La. C.C. art. 2315.6. Lejeune damages allow an individual to recover damages from the mental anguish of witnessing the injury of a third party.  Louise Theresa…

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