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Articles Posted in Litigation

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Lights and Sirens: When Emergency Response Leads to a Crash

Emergency responders have a critical job, often requiring them to speed and navigate through traffic to reach those in need. But what happens when those actions result in an accident? Who’s at fault when an officer responding to an emergency collides with another vehicle? A recent Louisiana Court of Appeal…

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Can You Sue for Stolen Data That’s Not a Trade Secret? Court Ruling Clarifies

In today’s fiercely competitive business environment, safeguarding trade secrets and confidential information has never been more crucial. A recent legal clash between Brand Services, an industrial scaffolding company, and Irex Corporation, a competitor, illustrates the challenges of protecting intellectual property in the digital age. This blog post examines the dispute,…

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Tragic Accident: A Bow Hunter’s Unfortunate Demise and the Legal Battle That Followed

In a heart-wrenching incident, Dr. Alan Sandifer, an avid bow hunter, tragically lost his life in a freak accident involving his Hoyt compound bow. The Sandifer family’s quest for answers led them to the courtroom, seeking justice through a lawsuit against the bow’s manufacturer, Hoyt Archery, Inc. This blog post…

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Insurer’s Res Judicata Gambit Fails: Court Revives Car Accident Victim’s UM Claim

In a recent decision, the Louisiana Court of Appeal, Fifth Circuit, overturned a trial court’s ruling that had dismissed a plaintiff’s uninsured motorist (UM) claim against her insurer, USAA, based on a previous settlement with the at-fault driver’s insurance company. The case, Tonyel Singleton v. United Services Automobile Association, highlights…

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Street Collapse and the Question of Notice: Court Reopens Case Against City and Contractor

In a recent decision, the Louisiana Court of Appeal, Fifth Circuit, overturned a summary judgment in favor of the City of Kenner and Veolia Water North America-South, LLC, in a personal injury case. The case, Candido Perdomo v. City of Kenner and Veolia Water, involved a garbage collector, Candido Perdomo,…

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Manual Labor Trumps Independent Contractor Status: Court Secures Workers’ Compensation Benefits for Deceased Worker’s Family

In a significant victory for the family of a deceased worker, the Louisiana Court of Appeal has overturned a previous ruling, ensuring they receive workers’ compensation death benefits. The case, Orozco v. Filser Construction & Aries Building Systems, Inc., centered around the complex issue of determining whether Serna Jr. was…

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No Financing, No Closing, No Problem: Court Upholds Stipulated Damages in Failed Real Estate Deal

In a case highlighting the importance of carefully crafted real estate contracts, the Louisiana Court of Appeal, Fourth Circuit, upheld a trial court’s decision awarding stipulated damages and attorney’s fees to sellers in a failed all-cash real estate transaction. The case centered on a failed real estate purchase agreement, underscoring…

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Seaman or Not? Court Reverses Summary Judgment in Deepwater Horizon Cleanup Worker Injury Case

In a case stemming from the aftermath of the Deepwater Horizon oil spill, the Louisiana Court of Appeal, Fourth Circuit, recently reversed a trial court’s summary judgment, highlighting the complexities in determining a worker’s status in maritime injury cases. The case, Nathaniel Smith v. H&E Tugs LLC and Lawson Environmental…

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New Orleans Appeals Court Dismisses Appeal Due to Lack of Final Judgment, Underscoring Importance of Decretal Language

In a stark reminder of the importance of procedural precision in the legal world, the Louisiana Court of Appeal, Fourth Circuit, recently dismissed an appeal due to a lack of a final, appealable judgment. The case highlights the critical importance of precise decretal language in judgments, even in seemingly straightforward…

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Wrongful Service, Case Dismissed: Louisiana Court Stresses Proper Procedure in Medical Malpractice Suit

In a recent decision, the Louisiana Court of Appeal, Fourth Circuit, overturned a trial court ruling in a medical malpractice case involving the death of Nicole Phillips. The case, Jamal Wright et al. v. The State of Louisiana, O/B/ of Jamie Alleyn, M.D., et al., highlights the critical importance of…

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