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Articles Posted in Civil Matter

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Defendant in Superdome Personal Injury Case Not Let Off the Hook So Easily

  When a Louisiana resident is injured, she should consider filing a lawsuit against the person, group, or organization whose negligent or intentional acts were a proximate cause of the injury. However many potential plaintiffs do not realize that there may be several other persons and entities, not readily perceptible…

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First Circuit Affirms Dismissal of Lawsuit Seeking Injunction Against CVS Pharmacies From Selling Expired OTC Medication

When a person is harmed or comes across what that person sees as an injustice, that  person may feel that the only way out is through the courts.  However, someone seeking help in the courts must be sure that the problem is one that a court can help.  An injunction…

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Louisiana Lawsuit Illustrates the Importance of Timing for Medical Malpractice Claims

In initiating a lawsuit, timing is critical. In Louisiana, the doctrine of prescription bars a claimant’s legal right of recovery when he or she fails to exercise it within a given period of time. This doctrine functions somewhat similarly to what is known as the “statutes of limitations” in other…

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Low Speed Automobile Accident in Monroe Louisiana Discusses Concept of “Relevant Evidence”

Being involved in an automobile accident or sustaining a serious injury can be very overwhelming.  This is especially true if the accident was someone else’s fault.  Although one may be disoriented after an automobile accident, it is pertinent that he/she follows all the necessary steps to ensure that the accident or injury…

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Dispute Over Donation of West Monroe Property Emphasizes the Importance of Proper Service and Citation

Under Louisiana civil procedure, it is well settled that “proper citation is the cornerstone of all actions.” If a party to an action is not served with process in the manner required by law, the result of that action is considered null and void. This requirement is intended to ensure…

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Prescription an Integral Element of Lawsuits After Wrongful Death

A few months after being in a car wreck, the unthinkable happens, and as a result of the accident, your loved one passes away. As you are mourning the loss, you also have to start thinking about your legal options that stem from the crash and the possible avenues you…

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Personal Jurisdiction Reviewed in Case With International Implications

The U.S. Court of Appeals for the Fifth Circuit affirmed a judge’s dismissal of the People’s Republic of China and a Chinese company, Xiamen, from litigation in the U.S. District Court for the Eastern District of Louisiana. The appeals court agreed with the trial court that the federal judiciary lacked…

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Rear-End Collision Case Examines Liability, Statutes in Louisiana

A case arising out of a St. Martin Parish accident has shed light on the responsibility placed on drivers following behind another vehicle. According to Journet v. Mouton out of the Court of Appeal for the Third Circuit, a driver following another vehicle must exercise great care. The case arose…

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