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Articles Posted in Miscellaneous

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Does Scheduling A Court Status Conference Stop Case Abandonment?

When a lawsuit is filed for an injury, most people assume that the claim will be sorted out in court in a timely manner.  Sometimes, however, a case can get significantly delayed by years, even before a trial has occurred. In these instances, it is also possible that the case…

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Personal Injury Lawsuit Brought Too Late For Court to Rule on

The interests of justice are best served when the evidence in a lawsuit is new. This is because any potential witnesses can corroborate or deny evidence presented at trial with a fresh memory of the events or documents. Personal injury cases in Louisiana follow this principle with a one year…

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Bosley Driving School Issued Certificates While Its Licensure was Expired

Most American’s have experienced some type of driving school, either during school or after school at a private driving school. Regardless of whether you took driving classes during school or after school, the individuals teaching the classes and the organization sponsoring the classes had licenses. In Louisiana, the Louisiana Department…

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What Happens When Someone Won’t Repay the Money I Loaned Them?

Benjamin Franklin had good reason to make the statement, “neither a borrower nor a lender be.” The potential for risk on either side of the transaction is significant. Be it the likelihood of not getting paid, or the possibility that you will not be able to repay the debt, many…

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Jefferson Parish Woman Denied Relief After Police Cruiser Strikes Her

Exceptions exist everywhere in law. Although people in their normal and daily lives are expected to stop at a red light and follow the speed limit, police officers need not do so when responding to emergencies. Of course, this exception makes sense. Imagine what would happen if a police officer…

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Miscategorization of Award Categories by Court Leads to Unappealable Lawsuit

After a hard fought jury trial, an appeal can be expected. But, what cannot be anticipated is a transcribing error by the court that renders the judgment as invalid and makes any appeal impossible. Excellent attorneys can catch errors by other parties and avoid multiple extra steps before a lawsuit…

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Unreliable Medical Expert Methodology Equals No Case Under Daubert in Chalmette Refinery Case

The five factor Daubert test is used in federal courts to determine if the methodology used by medical and other experts is reliable. The five factors that may be considered under the Daubert standard to determine whether the methodology is valid are: (1) whether the theory or technique in question…

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When May a Police Car Run a Red Light in Louisiana?

High speed police chases are sometimes dangerous, even for those not involved.  The Louisiana Emergency Vehicles Statute essentially excuses emergency vehicle drivers, such as police vehicles, from obeying certain traffic laws while responding to a call or pursuing a suspect.  This applies unless the emergency response driver endangers life or…

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What are Legitimate, Nondiscriminatory Reasons for Hiring Decisions in a Gender Discrimination Lawsuit?

Employment discrimination can take many forms. One common form is gender discrimination. However, an employer may be able to avoid liability if they can provide legitimate and nondiscriminatory reasons why they decided to hire someone else that are not based on the candidate’s gender. Tensas Parish School Board (“TPSB”) needed…

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