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Articles Posted in Random Miscellaneous

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Understanding the Impact of Settlement on Workers’ Compensation Benefits in Louisiana

Suppose you are considering settling a lawsuit related to injuries on the job. In that case, it is essential to understand how a potential settlement of a related claim could affect your workers’ compensation benefits. What happens to your workers’ compensation benefits if you settle a related lawsuit without written…

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Time Limitations for Lawsuits: Paternity Claims in Succession Cases

Although there is a common saying, “good things come to those who wait,” that is not true in the context of filing lawsuits, especially if they involve establishing paternity after your purported father passed away. Louisiana law has strict requirements that establish the time by which you must file a…

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Police Officer’s Due Process Not Violated In Termination Due To Multiple Infractions

Being a classified civil servant provides certain protections, including the right to due process before termination. The following case revolves around a police officer who claimed his due process rights were violated when he was terminated following multiple infractions. It highlights the importance of adequate notice and an opportunity to…

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Supermarket Not Liable For Slip-and-Fall Because Of Lack Of Constructive Notice

When you make a quick run to the store, the last thing you expect is to be injured while shopping. If you slip and fall at a store, you might expect the store to be responsible for any injuries you might have suffered. However, Louisiana law requires that a store…

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Resolving Family Business Disputes: Navigating Complexities and Seeking Resolution

Family businesses can present challenging legal issues. Although you might feel like you can trust your family members to do the right thing, this is not always true, especially when large sums of money are involved. This case illustrates the complexities that resulted from agreements related to ownership of a…

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No Legal Malpractice Where Underlying Medical Malpractice Claim Was Meritless

When considering a legal malpractice claim, it is crucial to understand that proving your attorneys’ negligence alone is insufficient. To establish the merit of such a claim, you must demonstrate an underlying loss resulting from their negligence. This requires presenting compelling evidence that your original claim would have been successful…

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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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Can A Louisiana Court Disregard A Special Master’s Report?

  One tool courts can use to manage litigation is a Special Master. A Special Master issues reports that a court can consider when ruling on a case. However, what happens if a court disregards the recommendations in a Special Master’s report? This situation raises intriguing questions about the authority…

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Lost in Translation: A Quarter-Million-Dollar Contract Mistake Exposes Shared Responsibility

Imagine, for a moment, you’re organizing a large-scale event with a long checklist of details to manage. Now imagine missing one tiny detail and having it cost you a whopping quarter-million dollars! That’s precisely the scenario that unfolded for Star Financial Services, Inc., a prominent ATM operator, in their dealings…

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Unclaimed Vacation: Resigning from Your Job with Unused Day

We all cherish the idea of collecting vacation days, envisioning the blissful trips we’ll take in the future. But what if you find yourself resigning from your job with a surplus of accrued vacation days that you haven’t had the chance to use?  David Bodenheimer had worked for Carrollton Pest…

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