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Insurance Dispute Lawyer Blog

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Slipping in Stores: When Does the Store’s Responsibility Kick In?

We’ve all heard the phrase “slip and fall,” often in a comedic context. However, slip-and-fall accidents can result in severe injuries and legal battles. The recent Louisiana Court of Appeal case of Barton v. Walmart highlights the complexities of such cases and what it takes to prove a merchant’s liability.…

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Louisiana Court Reverses Summary Judgment in Medical Malpractice Case: The Importance of Expert Testimony

A recent Louisiana Court of Appeal decision has underscored the significance of expert testimony in medical malpractice cases. The case, Mariakis v. North Oaks Health System, involved a wrongful death lawsuit alleging that the hospital failed to provide adequate care, leading to the patient’s death. The trial court initially granted…

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Worker’s Comp in Louisiana: Navigating the Medical Treatment Guidelines

In the realm of workers’ compensation, ensuring injured employees receive necessary medical treatment can sometimes be a battle. A recent Louisiana Court of Appeal decision, Deubler v. Bogalusa City Schools, highlights the complexities surrounding the Louisiana Medical Treatment Guidelines and the process of obtaining authorization for treatment. This case serves…

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Louisiana Court Upholds Modest Damages in Minor Car Accident Case: Highlighting the Importance of Proving Causation and the Impact of Pre-Existing Conditions

A recent ruling from the Louisiana Court of Appeal underscores the challenges of securing substantial damages in personal injury cases, especially when pre-existing conditions and the severity of the accident are at play. The case, Pourciau v. Melville and State Farm, involved a minor rear-end collision. While the defendant admitted…

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Title: Louisiana Court Upholds Earlier Will in Succession Dispute: The Importance of Proper Will Execution

In a recent case, the Louisiana Court of Appeal emphasized the importance of adhering to the strict formalities required to execute a valid will. The case, In the Matter of the Succession of Sandra Gabor Dale, involved a dispute between siblings over their mother’s estate after a later will was…

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Hotel Not Liable for Pool Injury: Understanding Premises Liability and the “Res Ipsa Loquitur” Doctrine in Louisiana

A recent Louisiana Court of Appeal ruling underscores the complexities of premises liability cases and the challenges plaintiffs face in proving negligence when accidents occur on someone else’s property. The case, Krueger v. La Quinta Inn & Suites, involved a guest who suffered a foot injury due to broken glass…

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When Does an Insurance Contract End? Louisiana Court Reverses Summary Judgment in Dispute Over Coverage Extension

In the complex world of insurance coverage disputes, a recent Louisiana Court of Appeal decision underscores the importance of thoroughly examining factual issues before granting summary judgment. The case involved a personal injury lawsuit and a subsequent dispute over insurance coverage. The appellate court’s ruling is a stark reminder that…

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Federal Court Upholds Dismissal of VA Doctor’s Discrimination and Retaliation Claims

A recent decision by the United States Court of Appeals for the Fifth Circuit highlights the complexities and high standards involved in proving employment discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. The case, Stroy v. Gibson, involved a Black physician employed by the…

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No Pain, No Gain? Understanding the Importance of Proving Injury in Louisiana Car Accident Cases

A recent Louisiana Court of Appeal decision, Cruz v. Creecy, underscores the critical importance of proving injuries in personal injury cases arising from car accidents. The case reminds us that even when fault is established, a plaintiff must still provide credible evidence of their injuries to secure damages. The case started…

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Can You Sue Your Ex-Spouse for Abuse After Divorce in Louisiana?

In a recent Louisiana lawsuit, a woman’s attempt to sue her ex-husband for damages related to alleged domestic abuse during their marriage was initially blocked by the doctrine of res judicata. However, the Court of Appeal reversed that decision, shedding light on the limits of res judicata in cases involving…

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