Close

Insurance Dispute Lawyer Blog

Updated:

Louisiana Court in East Baton Rouge Evaluates and Reverses Due Process Violation Judgment

The fundamental right to due process is a cornerstone of constitutional protection, ensuring that individuals are treated fairly within legal proceedings. Nevertheless, the delicate line between potential bias and genuine due process violations is not always easily discernible. A telling example can be found in a noteworthy case from East…

Updated:

Lafourche Parish Court Demonstrates the Importance of Employee-Employer Relationship in Workers’ Compensation Cases

Unfortunately, accidents in the workplace are not uncommon. What happens, however, if you unknowingly signed an agreement making your employer immune from a liability claim? The following Lafourche Parish case outlines this predicament.  In September 2013, Neville Patterson signed multiple documents with Raceland Raw Sugar, LLC (RRS) and Raceland Equipment…

Updated:

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…

Updated:

Faulty Foundations: Battling the Dark Side of Medical Innovation – The Defective Medical Device Lawsuit Saga

Medical professionals are expected to uphold a standard of care in their practice. Unfortunately, life can present us with unfortunate circumstances where this standard is not met. When we experience injuries or worse due to the actions of those responsible for our treatment, healing, or diagnosis, medical malpractice claims can…

Updated:

Could the Foreseeable Have Been Unforeseen? Deciphering Liability in Accidents

Some accidents are unpredictable, while others appear to be accidents waiting to happen. Having reliable witnesses, qualified experts, and an excellent attorney in either unpredictable or predictable cases could be the dividing line in determining your liability when an accident arises. For Larry Jeane, Sr. (“Mr. Jeane”), the deceased party…

Updated:

How Are Liability and Damages Allocated In A Complex Car Accident?

Allocating fault in a car accident is especially difficult when involving multiple individuals. This case illustrates how the allocation of fault affects how damages are awarded and illustrates what type of expenses are compensable.  While driving on Highway 28 East in Louisiana, Erin Wright rear-ended Christina Dauzat. Before they reached…

Updated:

Res Judicata Does Not Apply To Dismissal Without Prejudice

In law, there is a saying that you do not get two bites from the same apple. This means if a court issues a final judgment on the merits of your claim, you cannot file another lawsuit against the same parties involving the same claim. Does a dismissal without prejudice…

Updated:

What happens if you are involved in a car accident where your damages exceed the auto insurance policy limits of the person responsible?

What happens if you are involved in a car accident where your damages exceed the auto insurance policy limits of the person responsible? One possible option is seeking coverage under your uninsured motorist insurance policy. However, questions can arise about what, if any, coverage you are entitled to if it…

Updated:

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…

Updated:

Who Has a Right to Keep a Deposit in Failed Home Sale if the Financing Contingency Fails?

Buying a house can often lead to significant stress, particularly due to the substantial financial commitments involved. A prevalent feature in real estate contracts is known as a “contingency.” One notable example is the financing contingency, which stipulates that the sale of a property is dependent on the buyer successfully…

Live Chat