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Insurance Dispute Lawyer Blog

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Can a business be liable if a patron slips and falls on a wet walkway?

Lawsuits involving slip and fall accidents are widespread. However, specific requirements must be satisfied to prevail in a slip-and-fall case. The following lawsuit helps answer the question: Can a business be held liable if a patron slips and falls on a wet walkway?  While walking with her son in the…

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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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What Is An Occupational Disease Under The Louisiana Workers’ Compensation Act?

If you have experienced symptoms from working in a moldy work environment, you might think you are entitled to recover from your employer. However, navigating the Workers’ Compensation system can be challenging partly because of the distinct and often complicated vocabulary in the statutes. This case involves defining an occupational…

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Contra Non Valentem Inapplicable To Lawsuit From Lung Cancer Death

Even in cases involving tragic factual situations, strict procedural requirements must be followed to prevail on your claim. This case involves the time limits in which you must file a lawsuit and the principle of contra non valentem, which is a rule that the time limit in which someone has…

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Understanding Statutory Employer Immunity in Workers’ Compensation Cases in Louisiana

Statutory employer immunity is critical in determining liability and compensation for workplace injuries in workers’ compensation. The following case is an example where the court had to decide whether the defendant was entitled to statutory employer immunity under the dual contract theory provided for in La.R.S. 23:1061(A)(2). We will examine…

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Who’s At Fault if your car is stolen then involved in a wreck? The Thief, Victim, or Third Party Owner? (One Judges Dissenting Opinion)

In the legal system, dissenting opinions, i.e., opinions delivered by one or more judges who disagree with the decision, play a crucial role in shaping the interpretation and application of the law. They provide valuable insights into alternative viewpoints, often sparking discussion and debate and ultimately leading to the evolution…

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Gender Discrimination and Online Fallout – A High School Legal Tale

Gender Discrimination has unfortunately been around for as long as time, infiltrating many corners of people’s lives. But when you feel discriminated against at your high school, the lawsuit process can be much trickier than some might think. The Court of Appeals for the Fifth Circuit addresses whether a Title…

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Louisiana Court Promotes Liberal Construing of Will Execution Requirements

Wills and testaments often lead to family drama after a family member dies. Fights over control, money, and inheritance can lead to many legal and emotional battles. When those battles of power come to a legal setting, how do courts assess if a will has validly identified a new overseer…

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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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Mere Possibility is Not Fact: Baton Rouge Negligence Claim Falls to Summary Judgment

Summary judgment is designed to enable judicial expediency and cost-effectiveness in the courts. It is an important and complicated procedure that can occur repeatedly during litigation. When summary judgment is asserted repeatedly in the same case, how do parties prevail in their attempts to get or defeat summary judgment motions?…

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