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Articles Posted in Property

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Understanding Duty Important in Worker’s Compensation Claims, Civil Suits

To bring a case to court, it seems obvious that you must have some kind of legal basis for your claim. For a personal injury case, that could mean that someone else caused you to slip and fall; you slipped because the floor was wet. In that type of case,…

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Legal Concepts: Louisiana Code of Civil Procedure and Hearsay

The law has a wide variety of rules in place to force a clean route to evidence, especially from authorities on the topic, like people present or involved with the case’s topic. Hearsay is a statement, other than one made by the person themself while testifying at the present trial…

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Physical Rehabilitation Damage Leads to Difficult Ruling, Appeal of Facts

Scott Ramocitti lost three fingers on his left hand in a work-related accident that occurred while he was using a saw blade in May of 2008. During his treatment Mr. Ramocitti was referred by his work insurance company to the defendant in this case, Helping Hand Physical, for physical therapy…

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Tractor Accident Leads to Question of Responsibility for Dead Tree Causing Incident

In 2009, a Louisiana man was driving a tractor/trailer in Caddo Parish when he suddenly hit a large pine tree that had fallen across the road. Despite having already made this same trip on the same road several times that day, since the last time he had made the pass,…

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Pothole Blamed for One-Car Accident in East Carroll Parish

After being involved in a one-car accident in 2008, a Louisiana woman sued East Carroll Parish Police Jury, claiming that a pothole on Perry Road resulted in her accident. She later amended her claim to state that other factors had further contributed to her injury and that the road was…

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Workers’ Compensation Act Protects Louisiana Employees Injured on Job

If you ever become injured in a work-related accident in Louisiana, or if you become ill with an occupation-related condition, workers’ compensation can help cover your expenses while you seek the treatment and take the time off that you need. The Louisiana Workers’ Compensation Act is a piece of legislation…

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5th Circuit Throws Out Whistleblower Case Against Premier Rehabilitation Center in Monroe

When a company defrauds the government, the taxpayers literally pay the costs for that crime. A whistleblower is someone who brings that fraud to the attention of the government or the public. At times, whistleblowers are fired from their jobs, and some seek to bring suit against the company. The…

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Slip at Large Retail Store Leads to Summary Judgment and Subsequent Appeal

A summary judgment is strong medicine. When a trial court grants a motion for summary judgment, it precludes the non-moving party from having their case go to the jury and in some cases from presenting any evidence at all. Because this remedy is so potent, the granting of a motion…

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Statute of Limitations Key to Alleged Insurance Fraud Case

Many laws or actions include a statute of limitation which provides for a certain length of time for claims to be brought. After that time runs out, the claim can no longer be brought in court. The case of Joseph v. Bach & Wasserman illustrates just how important the statute…

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Understanding Comparative Fault/Negligence and How it Impacts Judgments

You have probably heard the phrase “accidents happen.” But if you are in an accident, the first thing that you want to ask is who is at fault. With all of the chaos that can be part of an accident, sometimes the answer to this question isn’t always clear. This…

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