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Articles Posted in Litigation

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Ouachita Parish Right of Passage Lawsuit Not Barred by Res Judicata

Double jeopardy is not a television marathon featuring Alex Trebek, but protection against it is fundamental to the United States legal system. In the criminal justice system, double jeopardy means being put on trial for the same charge twice; the Fifth Amendment to the United States Constitution bans it. Res…

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Tangipahoa Parish Bar Fight Case Remanded Because of Inadmissible Evidence

One bad decision can lead to a huge legal headache. The combination of a chaotic atmosphere and alcohol makes bars the perfect storm for mistakes that can later lead to huge liability. In a recent case, a man who punched another patron at a Tangipahoa Parish bar appealed a default…

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The Wholly Obvious Hole: No Case for Injured Man in Metairie

Determining liability when someone is injured on someone else’s property is a complex endeavor. One of the major factors is determining whether the injury resulted from an unreasonably dangerous condition. While a new In & Out Express Car Wash was being built in Metairie, LA, local business owner Mr. Frederick…

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Summary Judgement Reversed for Insurance Company in Wrongful Death Case

The loss of loved ones is never easy, especially when they are taken away in sudden, unexpected ways. Though there is no dollar value that can replace human beings, monetary damages are a form of recovery in cases of wrongful death. Sometimes the steps to that recovery can be difficult,…

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East Baton Rouge Customer Hit By Plastic Bin Loses Case Against Home Depot

Most customers do not expect to be hurt by store merchandise when they go shopping. Yet, each year dozens of individuals are injured due to “falling merchandise.” The following Louisiana First Circuit Court of Appeal (“the Court”) case is a perfect example of what happens when an individual seeks legal…

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Company Unsuccessful in Abuse of Process Claim After Lengthy Legal Battle

Ever feel like you have been wrongfully brought to court? If so, then what legal remedies do you have at your disposal? In Louisiana, the law provides a person who has wrongly been brought to court with a tort cause of action called abuse of process. A recent Fifth Circuit…

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Do You Have a Fair Bargaining Positioning When Contracting with Your Employer?

Labor contracts are often tricky and scary because potential employees generally find it difficult to negotiate with employers for terms favorable to them, while employers use standard contracts with terms potential employees don’t understand or aren’t used to seeing, which guarantee the employers a better deal. The National Labor Relations…

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Citing Indemnity Provision, Court Attributes Liability on Leasee in Bastrop, Louisiana Slip and Fall Case

Leasing agreements often are complex and lengthy, especially in a commercial context. A common provision contained in most leasing agreements is an indemnity provision. An indemnity provision is a section in a leasing agreement that requires the leasee (the person who leases the property) to take responsibility for certain lawsuits…

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