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Articles Posted in Summary Judgment

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Prior Mistake Does Not Waive Insurer’s Defense In Subsequent Claim

If you are in a car accident and your insurance pays your claim, you likely expect the same thing will happen if you are subsequently in a similar accident. What happens if your insurer paid your prior claim, but tries to deny a subsequent claim?  Brandon Forvendel was injured in…

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Who Is Covered By A Settlement Agreement Release?

A settlement agreement can be an efficient way of resolving a claim and receiving compensation without a lengthy trial process. However, it is essential to understand what a settlement agreement does and does not cover to avoid surprises down the road if you later try to bring related lawsuits against…

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Hospital Not Liable For Negligent Transportation During Hurricane Katrina

Over a decade after Hurricane Katrina, we have almost all heard of the difficult choices hospitals faced while trying to care for patients. This case involves a patient who was allegedly injured while being evacuated from a New Orleans hospital during Hurricane Katrina.  Lionel Favret was admitted to the hospital…

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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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Doctor Held Not Vicariously Liable For Physical Therapist’s Actions by Louisiana Court

When you think about medical malpractice lawsuits, a botched surgery or missed diagnosis are likely the first things that come to mind. The following case involves a less common situation involving purported medical malpractice involving physical therapy post-surgery. It analyzes the relationship between a doctor and a physical therapist and…

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Management Company Not Qualified As Additional Insured In Cleaning Company’s Insurance Policy

It can be challenging to interpret insurance policies, especially when they involve complex provisions such as coverage for an additional insured. Before signing an insurance policy, it is imperative to understand its language and what it does and does not cover. Here, the plain language of the insurance policy proved…

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Louisiana Court Says Trampoline Injury Not Caused by Defect in Shreveport Trampoline Park

Sometimes, those delightful recreational activities we all enjoy carry an inherent risk. Often, we assume the risk of those injuries when we engage in that potentially reckless conduct. Knowing your legal options following these injuries is necessary, mainly because recovering for these somewhat ordinary injuries can be difficult. What does…

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Libel in the Limelight: A Deep Dive into the Intricacies of Defamation Laws in the Modern World

Picture this: you’re enjoying your daily dose of local news when your name surfaces amidst a hailstorm of defamatory allegations. Your reputation takes a blow, and you decide to fight back by filing a lawsuit. This might sound like a gripping storyline from a TV courtroom drama, but for Mary…

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Liability in Product-Related Injury Cases: Key Legal Questions and Liability Theories

When an injury related to a product occurs, assigning fault can involve multiple parties. In personal injury litigation, crucial legal questions arise regarding whom the plaintiff can seek compensation from, if anyone, and the underlying theory of liability. The following case offers a valuable exploration of common liability theories often…

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Attack Of The Campaign Ads: What Constitutes Defamation In Political Ads?

Personal attacks often take center stage in the tumultuous arena of modern political campaigns, leaving no stone unturned and no reputation untouched. Yet, amidst this well-trodden path of character assaults, a unique legal battle emerges, where the crosshairs were not directed at a political rival but rather a candidate’s ex-spouse.…

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