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Articles Posted in Litigation

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Louisiana Court Rules that Abandonment is Automatic After Three Years If No Action is Taken in a Lawsuit

Litigation must come to an end so that parties to a lawsuit can go on with their normal lives. The court system also needs to move on to assist others in settling their disputes. This is a fundamental concept of our justice system. This also encourages courts to deal with…

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Can You Sue the Police if You Were Wrongfully Arrested in Louisiana?

State of Emergency conditions and evacuations seem to have become increasingly more common in this state over the years. Floods, hurricanes, and other extreme weather conditions can force a whole neighborhood to relocate for a few weeks. At times the evacuation protocols remain voluntary, meaning you may stay in your…

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What Do You Do When a Judge Improperly Makes a Decision in Louisiana?

Trials are decided solely upon the evidence presented. A judge cannot read a book on the subject, or do extraneous research on the internet, to aid her decision-making process. In this case, the Defendant claimed that the judge did just that, by calling a city official to confirm some data.…

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How Does the Death of a Loved One Impact Spousal Leases?

In the Parish of Plaquemines in Louisiana, the oyster business can be quite profitable. Anywhere in the state, land can be a method of maintaining a person’s livelihood, whether it be through oil, tourism, or even an oyster lease. When a person with valuable land passes away, especially if that…

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Is a Sheriff Liable for a Prisoner Injured During a Work Release?

When someone is injured on the job, sorting out liability can be complex. It can be doubly so when a prisoner is temporarily released so he or she can work and is subsequently injured on a job that was approved by the prison system and the sheriff managing that prison,…

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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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Can You Claim Medical Malpractice if the Hospital Doesn’t Clean Tools?

When you are injured or ill and need treatment, you turn to a hospital and put your trust in the doctors and healthcare providers at that hospital. Normally, healthcare providers are diligent and provide top-notch care, however, occasionally a hospital fails to live up to the trust given to them…

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What happens when a Workers’ Compensation Judge orders your claim to be paid and your employer appeals? 

When you are injured on the job, you expect for your medical expenses to be covered through worker’s compensation. However, when your employer denies your recommended medical treatment to recover from your injury, what do you do? First, you file a disputed claim for medical treatment form (Form 1009) with…

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How To Avoid Your Lawsuit Being Dismissed Because Of No Cause of Action

There is no shortage of frivolous lawsuits. As a result, courts have developed many different ways to nip these sorts of lawsuits in the bud. One way is by allowing defendants to file an exception of no cause action, which is essentially a request that asks the court to drop…

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