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Articles Posted in Litigation

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Worker Entitled To Unpaid Compensation Owed Him Under Contract

One frequent use of contracts is to establish how much someone will be paid for specified work. Clear contractual language can help prevent disputes down the road. What happens if you do not receive all the compensation to which you are entitled under your contract? Clifton Franklin and Fountain Group…

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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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Is It Possible To Modify a Workers’ Compensation Judge’s Judgment?

If you have been injured on the job, you might be entitled to workers’ compensation. In order to receive compensation, there are a number of procedural requirements with which you must comply.  Elaine Rodrigue worked as a paralegal for the school board in Lafourche Parish, Louisiana. While working, she tripped…

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Is Delaying An Examination Under Oath A Lack of Cooperation In A Homeowner’s Insurance Claim?

In order to recover under a homeowner’s policy, there are many requirements with which you must comply. One common requirement is providing the insurer with requested documentation and undergoing an examination under oath where the insurer can ask questions and gather information relevant to the claim. What happens if a…

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No Hostile Work Environment Where Employer Took Remedial Actions

No one should have to deal with sexual harassment in the workplace. If you are dealing with sexual harassment at work and you report it to your employer, you hope they will act on your report. How do actions taken by your employer affect your ability to recover for sexual…

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Failure To Investigate Does Not Suspend Time Requirement For Filing Wrongful Death Lawsuit

We have all heard the saying “time is of the essence.” This is especially true when you are filing a lawsuit. If you do not comply with the statutory requirements for how long you have to file a lawsuit, a court will be unable to hear your claim. Although certain…

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Louisiana Jury Did Not Err In Apportioning Fault For Car Crash

In the heart of Lafayette Parish, Louisiana, tragedy struck on Interstate 10 as a routine drive turned fatal. Arthur Huguley, behind the wheel of a tractor-trailer for AAA Cooper Transportation, found himself in a situation that would forever alter the lives of those involved. A blown-out tire, a series of…

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Expert Witnesses Key To Establishing Damages From Industrial Fire

In a world where news headlines often feature calamitous industrial disasters, it’s hardly surprising to find legal battles trailing in their wake. The following case involves multiple individuals who filed lawsuits against the owner of a facility in Iberia Parish, Louisiana, that had a large fire.  A fire at a…

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Injured Employee Entitled To Select One Physician Of Choice in Workers’ Compensation Claims

If you are injured on the job, one of your primary concerns is likely finding competent medical care. Under the Louisiana Workers’ Compensation Act, injured workers can select one physician of any specialty without their employer’s approval. What happens if your employer refuses to pay for your selected physician?  Marvin…

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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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