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Articles Posted in Louisiana

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Louisiana Court Reverses Summary Judgment in Legal Malpractice Case, Underscoring Importance of Contractual Claims in Insurance Disputes

In a recent decision, the Louisiana Court of Appeal reversed a summary judgment granted in favor of attorneys in a legal malpractice lawsuit. The case, highlights the critical distinction between contractual and delictual claims in insurance disputes and the potential impact on the applicable statute of limitations. Michael Belanger was…

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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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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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“Wet Floor” Signs Prevail: Louisiana Court Reverses Slip and Fall Judgment, Highlighting the Importance of Adequate Warnings

In a recent Louisiana Court of Appeal case, Schroeder v. Hanover Insurance Company, et al., the court delved into the complexities of slip-and-fall cases and the crucial role of adequate warnings in determining a business’s liability. This decision highlights the importance of understanding merchant liability laws in Louisiana and how…

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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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Louisiana Court Reverses Dismissal of Workers’ Compensation Claim: Understanding the Importance of Continuing Jurisdiction

A recent Louisiana Court of Appeal for the Third Circuit decision underscores the importance of the “continuing jurisdiction” principle in workers’ compensation cases. In this recent opinion, the court overturned a Workers’ Compensation Judge’s (WCJ) decision to dismiss a previously adjudicated claim, highlighting the specific procedures and legal framework that…

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Can a Prior Insurance Lawsuit Affect Your Personal Injury Claim?

In the realm of personal injury law, a recent Louisiana Court of Appeal case has highlighted the potential pitfalls of multiple lawsuits arising from the same accident. The case, Wicker v. Louisiana Farm Bureau Casualty Insurance Company, et al., involved a car accident where the plaintiff, Joy Wicker, initially filed…

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When Does the Clock Start Ticking on a Legal Malpractice Claim in Louisiana? Understanding the Peremptive Period

In the realm of legal malpractice, the timing of filing a lawsuit is critical. A recent Louisiana Court of Appeal decision, Wells v. Henry T. Dart, Attorneys at Law, APC, underscored this point, highlighting the one-year peremptive period for bringing such claims in the state. Let’s dissect this case and…

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Pre-Existing Conditions and Car Accident Claims in Louisiana: Navigating the “Adequate Compensation” Hurdle

A recent Louisiana Court of Appeal case sheds light on the complexities of personal injury claims following car accidents, particularly when pre-existing conditions are involved. In the case of Lewis v. Fowler, the plaintiffs were involved in a minor accident and subsequently claimed significant damages for aggravated chronic pain. However,…

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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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