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Insurance Coverage Turns On Distinction Between Flood Damage And Mechanical Issue

Dealing with the aftermath of a flood is never fun. This is especially true when the flood damages one of your vehicles. This is the situation Michael Jacobs found himself in after one of his cars was damaged in a flood. After a long fight with his insurance company, he…

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A Life-Altering Car Accident Ignites a Legal Feud

Imagine, for a moment, living a life of normalcy, the humdrum of day-to-day routines, a steady job, a peaceful existence. Suddenly, an unexpected accident shakes your world, thrusting you into the tumultuous tides of legal proceedings. This is the daunting reality Patricia and Calvin Henderson found themselves in, initiating a…

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How do Conditions on Payments in Louisiana Workers’ Compensation Work?

Louisiana’s Workers’ Compensation fund exists to pay employees injured at work.  Payment can be used for medical care and lost wages.  When parties sign a settlement agreement on payment terms, an employee may assume payment is imminent.  In a recent case from Rapides Parish, an employee discovered some conditions in…

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Louisiana Court Finds Hospital Director Void of Liability in Medical Malpractice Suit Involving His Staff

A visit to the hospital is a stressful and anxious time for patients and family members. Most people, however, assume that their doctors are competent and will administer the proper standard of care. This was not the case for Richard Smallwood.  Smallwood fell at his home and sustained bilateral patella…

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Final Judgment Required For Appellate Court To Consider Merits Of Case

Words matter, especially when it comes to trial court orders. Without the proper language, a judgment is not an appealable, valid final judgment, so an appellate court cannot consider the merits of an appeal.  McKinley Taylor filed a lawsuit against Cajun Constructors, his former employer. He claimed Cajun Constructors owed…

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The Consequences of Ignoring Court Notices in Louisiana

If you receive notice of a court hearing, you must pay attention to it. The following case shows the potential adverse consequences if you ignore a court hearing notice. These can include a warrant being issued for your arrest or having your lawsuit dismissed. However, the case also unveils a…

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Fifth Circuit Court of Appeal Rules on Reasonableness of Forum Selection Clause

Most of us get into contracts, not fully understanding all the ins and outs of what we are signing. Similarly, the multiple provisions that can slither their way into contracts can include things like forum selection clauses which can be easily overlooked. But when a lawsuit erupts, can you argue…

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Summary Judgment for Malicious Prosecution Improper Without Adequate Discovery

Sufficient evidence is required to prevail in any lawsuit. Generally, each side obtains additional evidence through the discovery process. However, what happens if a court grants a summary judgment motion for one party before the other party has time to complete adequate discovery? The following case helps answer this question.…

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Seeking Liability for Water Damage: A Case Study on Responsibility and Legal Remedies

Mardi Gras, a time of joyous celebration, took an unexpected turn for a store near a French Quarter hotel when a sprinkler head malfunctioned, resulting in significant water damage. Despite the storeowner’s insurance covering the damages, a lawsuit ensued to determine the hotel’s liability for the losses incurred. This case…

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Failure to Raise a Right Results in Waiver of Right and Defense in Car Crash Case

Nobody likes insurance policies or divorce. Both can be extremely messy and full of legal jargon. Megan Daigle experienced this firsthand as her divorced parents’ insurance did not cover everything they hoped for.  In the fall of 2013, Megan Daigle was driving in Morgan City, Louisiana, when she did not…

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