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Articles Posted in Property

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Slipping Through the Cracks: The Importance of Timely Legal Action

A slip and fall accident in a nursing home can lead to devastating injuries, especially for elderly residents or those with underlying health conditions. But what happens when a lawsuit filed due to such an accident is dismissed because it was filed too late? That’s precisely what happened in the…

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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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New Orleans Appeals Court Dismisses Appeal Due to Lack of Final Judgment, Underscoring Importance of Decretal Language

In a stark reminder of the importance of procedural precision in the legal world, the Louisiana Court of Appeal, Fourth Circuit, recently dismissed an appeal due to a lack of a final, appealable judgment. The case highlights the critical importance of precise decretal language in judgments, even in seemingly straightforward…

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No Duty, No Liability: Court Clears Stanley Access Technologies in Revolving Door Accident Case

In a recent decision by the Louisiana Court of Appeal, Third Circuit, the court affirmed a trial court’s judgment granting summary judgment in favor of Stanley Access Technologies LLC (Stanley) in a personal injury case brought by Vera Bernard. The case stemmed from an incident where Ms. Bernard allegedly sustained…

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Louisiana Court Reverses Slip-and-Fall Judgment Against Hospital, Highlighting “Reasonable Care” Standard

In a recent decision, the Louisiana Court of Appeal reversed a trial court judgment that had held Woman’s Hospital liable for a slip-and-fall accident. The case underscores the importance of understanding the “reasonable care” standard that applies to hospitals in such situations and how it can impact the outcome of…

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The Clock is Ticking: Understanding Prescription in Louisiana Personal Injury Cases

In personal injury law, the concept of “prescription” plays a crucial role. It’s essentially a deadline for filing a lawsuit; if you miss it, your claim could be barred forever. A recent Louisiana Court of Appeal case, Jones v. Iberia Parish Government et al., highlights the importance of understanding prescription…

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When is a Judgment Truly Final? Understanding the Importance of Resolving All Claims in Louisiana

A recent Louisiana Court of Appeal for the Fifth Circuit decision has underscored a crucial procedural point in the state’s legal system: not all judgments are created equal. In Holmes v. Paul, the court dismissed an appeal because the trial court’s judgment, while seemingly resolving the main dispute, left a…

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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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Mold, Rats, and the Law: When a Tenant’s Nightmare Isn’t the Landlord’s Fault

Imagine moving into your new apartment, only to find it’s more like a horror movie set than a cozy home. Mold creeping up the walls, evidence of unwanted rodent roommates… it’s enough to make anyone sick. But does that automatically mean your landlord is liable? A recent court case dives…

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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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