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Articles Posted in Criminal Matter

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Court of Appeal Defers to Trial Court’s Credibility Finding in Domestic Abuse Case

Domestic abuse is a global issue that requires the services of excellent lawyers and even better judges to sort out the myriad of problems that arise in each domestic violence case. The justice system must use all of the tools at its disposal to try to protect victims from their…

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Tulane University Student Lawsuit About Dorm Room Incident Remanded Back to Trial Court

A 2016 case demonstrated the importance of making sure our universities remain safe and secure. While one would like to think our schools would be free from the dangers of larger society, Tulane learned the necessity of vigilance. While a student at Tulane University, the Plaintiff, Stephanie Boyd, shared a…

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What Happens When DNA Exonerates You From a Crime?

This case drives home the important reality that sometimes the justice system punishes innocent people, but also shows that in the end true justice can prevail.Plaintiff-Appellee Darrin Hill was accused of being a rapist and kidnapper, but turned out to be a victim of the criminal justice system rather than…

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Louisiana Medical Malpractice Case Examines Federal Antidumping Laws

A recent case arising from occurrences in West Carroll Hospital considers the Louisiana and federal antidumping laws. In addition, it also explains the requirements for a case under medical malpractice. Several hospitals were involved in the case, but only two were actually involved in the suit. A woman who had…

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Court Throws Out Lafayette Parish Case As Plaintiff Fails To Deliver Service of Process Before Deadline

It is vital to know proper court procedures at the outset of litigation or else an otherwise valid claim might be thrown out of court without ever being heard. One prime example is the need to send initial court documents to a defendant within a set deadline (sending such documents,…

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Liability of Establishment for Attack Outside Examined in Louisiana Case

There is no general duty for a business to protect customers from third party attackers. If someone attacks you outside of a store, for example, the store is usually not responsible for the injuries or damages that occur because of that attack. The Third Circuit Court of Appeal for the…

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Louisiana Wrongful Death Summary Judgment Overturned on Appeal

If you have ever been selected to serve as a juror, you know that the jury’s job in a trial is to hear the facts and arguments presented by both parties to a case and to make an informed judgment based on the evidence. In criminal cases, the jury is…

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Spoliation of Evidence Key Concern in Personal Injury Cases

After you have been in a terrible accident or lost a loved one, especially when the accident or death was caused by the negligence of someone else, you probably want justice. The outrage, the pain, and the sense of loss are too much to bear, and you want someone to…

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Man Representing Himself Fails to File Case Against Sheriff’s Office Properly

The following is a case in which the plaintiff, Nolan J. Benson, Sr., is representing himself. In legalese, he would be referred to as a plaintiff ‘in proper person’, or more commonly, as a pro se plaintiff. Sometimes, plaintiffs cannot obtain attorneys to represent them, either because the plaintiff cannot…

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Appeal Dismissed Because of Late Payment, Abandonment

In a recent case, Johnson v. University Medical Center in Lafayette, the Louisiana Court of Appeal for the Third Circuit reversed a trial court decision to dismiss a plaintiff’s case for abandonment due to her failure to timely pay the costs of appeal. The plaintiff in the case, Lela Johnson,…

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