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Articles Posted in summary judgment

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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 Affirms Liability of Great Lakes Dredge and Dock in Jones Act Case

In a recent ruling, the Louisiana Court of Appeal, Third Circuit, upheld a trial court’s decision regarding the liability of Great Lakes Dredge and Dock Co., LLC, in a personal injury case brought by Tracy Collins under the Jones Act and general maritime law. The case centered around an incident…

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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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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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Ochsner’s Summary Judgment in Slip and Fall Case Overturned

In a recent decision, the Louisiana Fifth Circuit Court of Appeal reversed a summary judgment granted to the Ochsner Clinic Foundation in a slip-and-fall case, emphasizing the importance of thoroughly examining factual disputes before granting such a motion. Doris Stogner slipped and fell in the atrium of an Ochsner facility…

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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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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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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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