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Articles Posted in Litigation

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Court of Appeals Rules Electronic Signature Valid for Uninsured Motorist Coverage Rejection

How familiar are you with your motorist insurance policy? Are you fully covered for uninsured/underinsured motorist coverage? In Louisiana, uninsured motorist coverage protects you if you’re in an accident with an at-fault driver who doesn’t carry liability insurance. Underinsured motorist coverage, on the other hand, steps in when you’re in…

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Icees & Insurance: Fifth Circuit Court Dissects “Parallel” Proceedings

A unique feature of our American federal system is the separate yet intertwined system of state and federal courts. Sometimes a dispute may begin in a state court and end up in federal court. And sometimes, there may end up being parallel proceedings in both the state and federal systems.…

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Can Reasonable Minds Agree? Louisiana Court of Appeal Declines to Question District Court Dismissal

Reasonable minds could perhaps agree that “reasonableness” is a word not easily defined.   What is reasonable to one person may or may not be reasonable to another.  Yet, “reasonableness” is often the term used to measure the soundness of lower courts’ decisions on appeal.  And in the case at hand,…

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Failure to Prosecute Case Results in Dismissal of Lawsuit in Zachary, Louisiana

Filing and pursuing a lawsuit is no small task.  Besides the often-significant monetary aspect, a plaintiff (the party filing the lawsuit) should be prepared for a large time commitment and effort in providing the necessary evidence to support their case.  Good lawyers know how to aid their clients in gathering…

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In Louisiana How Do You Prove A Child Born Outside a Marriage is Your Child? Avowal Actions Explained

The goal of marriage is often “happily ever after.” Sometimes, it does not end up working out that way. What happens when a child born during a marriage is the result of an affair? What legal rights does the real father have towards establishing that the child is his? The…

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Name Calling Could Cost Big Bucks in Louisiana

Ever wondered about the seemingly daunting world of contracts: the myriad of pages and often boring mechanical reading, not to mention those terms and conditions written in legalese? For most of us, not really. That’s for sure. But sometimes contractual disputes can be interesting.  Ever hear the saying don’t mix…

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A Tale of Two Stories: Differing Story Details Allow Excessive Force Charges Against Deputy Stand Trial

As the adage goes, there are two sides to every story and when it comes to lawsuits, the details of those stories can make the difference between a courtroom success and a case never making it to trial. A case arising out of Mandeville, Louisiana is the perfect example of…

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Louisiana’s Fact-Pleading System Allows Woman to Recover for Battery When Only Suing for Negligence

The law often hinges on technicalities, which is why technical accuracy is critical in ensuring that all parties to a lawsuit have a fair and adequate understanding of the issue and that courts operate efficiently. Despite this importance, courts do not want justice to be skirted on the sole basis…

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Appellate Court Says Pro Se Plaintiff Can Proceed With State Law Discrimination Claims Against Tulane Hospital

Discrimination has always been a controversial topic in America and especially salient in the workplace context. The following case arises out of a situation where an employee felt that she was discriminated against based on her race and disability. She sued in federal court based on federal and state discrimination…

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Plaintiff Fails in Appeal of Employment Termination Case out of St. John the Baptist Parish

Law enforcement agencies throughout the country have been under intense scrutiny over the past few years because of controversial policies and procedures. However, one agency in Louisiana, the Sheriff’s Office of St. John the Baptist Parish, faced another type of scrutiny surrounding the termination of a high-ranking official. The termination…

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