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Articles Posted in Property

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Evangeline Parish Land Dispute Lawsuit Invokes Concept of Acquisitive Prescription

A land dispute in Evangeline Parish once again highlights the intricacies of Louisiana property law, and the need for an experienced lawyer if you ever find yourself involved in a property dispute. The dispute in question involves the title to 18 acres of a 23-acre tract of immovable property located…

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Appellate Court Drops Sanctions Against Metairie Based Plaintiffs and Their Legal Counsel

A recent case from the Fifth Circuit Court of Appeal for the State of Louisiana demonstrates the importance of ensuring a client has all relevant evidence before proceeding with a lawsuit. Although the Plaintiffs eventually had all sanctions dropped for “pursuing a meritless case”, they could have saved a lot…

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St. Tammany Parish Property Owner Gets His Day in Court on His Trespass Claim Against Renaissance Media

In 1997, Brandon Hirstius purchased a tract of land in St Tammany Parish. Nearly 14 years later, in 2011, Mr. Hirstius complained of an unauthorized utility pole on his property belonging to BellSouth Telecommunications, Inc. and filed a trespass lawsuit against the telecommunications company. In the midst of the June…

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What Does Predial Servitude, Acquisitive Prescription and Precarious Possessor, mean in Louisiana?

Residents of Louisiana may sometimes feel like there is no other place quite like their home state, but as a recent case out of Vermillion Parish demonstrates, when it comes to the laws regarding land and property, Louisiana truly is one-of-a-kind. Thanks to Louisiana’s history with the Napoleonic Code, Louisiana…

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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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Car Accident Leads to Examination of Mutual Responsibility

We’ve all been there: you’re running late for work, so you rush out the door and into your car. You drive ever so slightly above the speed limit, and all the traffic lights you come across are green. Fortune seems to be on your side. Suddenly, a car seemingly comes…

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Employer-Employee Relationship Must Be Defined In Car Accident Lawsuits

Under the respondeat superior legal theory, an employer can be held liable for his employees’ acts that occur within his scope of employment. This means that a truck company, for example, may be held responsible for an accident caused by one its drivers who was speeding or intoxicated while driving…

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Summary Judgment Tripping Case from Baton Rouge Illustrates Court Complexities

A recent case appealed from the Parish of East Baton Rouge provides a great example not only of the potential difficulties of recovering damages for negligence from a merchant, but also of summary judgment and how it works. In November 2006, the plaintiff entered the defendant’s store, tripped on what…

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