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Articles Posted in Miscellaneous

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No Financing, No Closing, No Problem: Court Upholds Stipulated Damages in Failed Real Estate Deal

In a case highlighting the importance of carefully crafted real estate contracts, the Louisiana Court of Appeal, Fourth Circuit, upheld a trial court’s decision awarding stipulated damages and attorney’s fees to sellers in a failed all-cash real estate transaction. The case centered on a failed real estate purchase agreement, underscoring…

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Louisiana Court of Appeal Rules in Favor of Golden Nugget in Slip and Fall Case

In a recent decision by the Louisiana Court of Appeal, Third Circuit, Golden Nugget Lake Charles, LLC, emerged victorious in a slip and fall case brought forth by Carolyn A. Watts. The case revolved around Ms. Watts’ alleged injuries sustained from a fall on the casino’s premises. Ms. Watts initially…

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Understanding the Finality of Workers’ Compensation Settlements

Navigating the workers’ compensation system can be overwhelming when you’ve been injured on the job. You may be tempted to accept a quick settlement to cover immediate medical bills and lost wages. However, it’s crucial to understand the long-term implications of such a decision. A recent Louisiana case highlights the…

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New Orleans Police Officer Reinstated After Controversial Termination

In a recent Louisiana Court of Appeal ruling, the Fourth Circuit reinstated Officer Isaiah Shannon to the New Orleans Police Department (NOPD) with back pay and benefits after a contentious dismissal. This case highlights the complexities surrounding police conduct, the use of force, and the importance of due process. The…

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Whistleblower or Rule-Breaker? Louisiana Court Upholds Termination of Police Officer for Unauthorized Background Checks

A recent decision from the Louisiana Court of Appeal has shed light on the nuanced boundary between whistleblowing and misconduct in the workplace. The case, Melancon v. Town of Amite City, involved a police officer terminated for running unauthorized criminal background checks and lying about it. While the officer claimed…

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When Does Police Immunity Apply in Louisiana?

In a recent Louisiana Court of Appeal decision, a case involving a police shooting during an arrest attempt highlighted the complexities of qualified immunity for law enforcement officers. The case, Marshall v. Sandifer, centered around Ervin Marshall, who was shot by a state trooper while attempting to evade arrest. The…

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Can You Gift a Racehorse with a Handshake? Louisiana Court Clarifies the Rules on Donating Property

A recent Louisiana Court of Appeal decision has underscored the importance of adhering to legal formalities when gifting significant assets, even within a romantic relationship. The case involved a dispute over the ownership of a thoroughbred racehorse, highlighting the specific requirements for making a valid donation under Louisiana law. Wesley…

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Dental Malpractice in Louisiana: Understanding the Medical Review Panel Requirement

A recent Louisiana Court of Appeal decision, Brimmer v. Eagle Family Dental, Inc., has underscored the critical procedural steps involved in bringing dental malpractice claims in the state. The case highlights the necessity of first presenting claims against qualified healthcare providers to a medical review panel before filing a lawsuit. Let’s…

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Can a Hospital Be Held Liable for a Patient’s Sexual Assault that Occurred Offsite in Louisiana?

In a heart-wrenching case involving the sexual assault of a patient at an outpatient psychiatric treatment facility, the Louisiana Court of Appeal, Third Circuit, recently affirmed a summary judgment that dismissed claims against two individual owners/officers of the facility. The decision, handed down in Sam v. Genesis Behavioral Hospital, underscores…

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Construction Worker’s Electrocuted Injury Leads to Dispute Among Defendants Over Liability

Contracting and subcontracting in the construction industry are standard practices. However, they can create several challenges when a worker is injured. What happens, for instance, when the employee of a subcontractor is injured by a device owned and operated by a municipal government unconnected to the construction project at hand?…

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