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Articles Posted in Litigation

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First Circuit Court of Appeal Affirms Award of Attorney Fees and Expert Witness Fees In Expropriation Lawsuit

 Gerald O”Hara from Gone with The Wind said it best, “The land is the only thing in the world worth working for, worth fighting for, worth dying for, because it’s the only thing that lasts.” While land ownership is a sacred right in this nation it does not prevent the…

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Louisiana Supreme Court Highlights Pleading Requirements for Putative (Unestablished) Parents in Wrongful Death LawSuits

Imagine your child passed away in the most horrific way. You seek remedies in the court system, but the court does not recognize your right of recovery as a parent. What a nightmare. In Louisiana, a putative (unestablished) father must timely file an action for avowal (a father’s action to…

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West Monroe Woman’s Slip and Fall Lawsuit Revived by Appeals Court on Constructive Knowledge Grounds

As the old saying goes, “accidents happen.”  But, in personal injury lawsuits, like in many matters, another saying is more on point: “The devil is in the details.”  And on that point the Second Circuit Court of Appeals reversed a summary judgment in favor of the City of West Monroe…

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Bogalusa Slip and Fall Lawsuit, Is Travis’s Grocery and Market Liable?

Anyone who has purchased chicken from a grocery store knows that for some reason the packing always seems to leak. But what happens if that leakage occurs in a grocery store and you slip on it and hurt your back, is the grocery store responsible? The following case out of Washington Parish…

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Baton Rouge Collision Highlights Difficulties in Assessing Witness Testimony in Motor Vehicle Accidents

The Louisiana Revised Statutes along with rules of jurisprudence help Louisiana courts determine whether or not a particular driver is at fault for an accident. For example, La. R.S. 32:81(A), provides that drivers must not follow another vehicle unreasonably close and must take into account the speed of the vehicle…

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Pre-Existing Injuries Complicate Maintenance and Cure Remedies Against Vessel Owners in Louisiana

Maritime law provides special remedies for seamen who are injured at sea such as maintenance and cure. These remedies may be sought from the seaman’s employer or vessel owner. Maintenance is a daily stipend for day-to-day living expenses for seamen who fall ill or are injured while in service of…

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Prescription an Integral Element of Lawsuits After Wrongful Death

A few months after being in a car wreck, the unthinkable happens, and as a result of the accident, your loved one passes away. As you are mourning the loss, you also have to start thinking about your legal options that stem from the crash and the possible avenues you…

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Personal Jurisdiction Reviewed in Case With International Implications

The U.S. Court of Appeals for the Fifth Circuit affirmed a judge’s dismissal of the People’s Republic of China and a Chinese company, Xiamen, from litigation in the U.S. District Court for the Eastern District of Louisiana. The appeals court agreed with the trial court that the federal judiciary lacked…

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