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Louisiana Personal Injury Lawyer Blog

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Lack of Substantial Evidence for Denial of Severance Pay Leads to Payment in Case Out of Baton Rouge

When employees are fired they can often be entitled to benefits upon termination; including money payments to act as a substitute salary while the terminated employee searches for another job. While there is no federal requirement in the United States for an employer to offer severance pay, many do as…

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Employee Required to Reimburse Employer for Improper Double Dipping of Workers’ Compensation Benefits in Bossier City Case

Workers’ compensation laws require companies to set aside a fund to pay their employees for work-related injuries. But what happens when the employer also has long-term disability insurance and the injured employee collects both workers’ compensation benefits as well as the employer-funded long-term disability benefits? Receiving benefits from the correct…

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Exception of Prescription Raised After Trial Causes Lawsuit Dismissal in Jefferson Parish Case

In nearly every case of injury to person or property, there is a time period during which you can bring a lawsuit. When that time period ends is determined by statute. Defendants in cases where the time has past may bring an exception of prescription to have these cases dismissed.…

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Homeowners Recover Full Amount of Wood Floor Damages and Home Insurance Company is Sanctioned for Delay

When a natural disaster strikes the issue of insurance comes to the forefront. What can a homeowner do when their home is damaged but the insurance company delays and fails to pay? That was the case when a Kenner, Louisiana, couple had their wood floors ruined by Hurricane Isaac. After…

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Parish of Lafayette Harley Davidson Dealership Not Liable to Motorcycle Rider Killed During Promotional Demonstration

Automobile accidents are unavoidable tragedies that happen on our roadways daily. All drivers owe a duty to other drivers to keep each other safe, but how far does that duty extend and to whom does it extend to? That was the case when a Parish of Lafayette man was struck…

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Louisiana Supreme Court Discusses Allocation of Fault in Slip and Fall Case Out of New Iberia

Owning a business can be a daunting task and often times requires the assistance of outside contractors to complete various maintenance items and to aid in the upkeep of the premises. However, many merchants and customers fail to realize that the merchant may be liable for the actions of a…

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Not Yet: Motion to Dismiss Appeal Not Ripe for Review in Medical Malpractice Case Out of Lake Charles

Because of the highly technical aspect of seeking relief from the court system, someone unfamiliar with the legal process can be confused and frustrated by the litigation process. This circumstance can be intensified by the harm done and the matter being litigated. Mr. William Matthews, the surviving husband of Mrs.…

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Louisiana Court of Appeal Discusses Unwitnessed Accidents in Workers Compensation Cases

Workers compensation laws require an employee to be injured within the course of employment to qualify for benefits. However, what happens when an employee is injured without any witnesses present? How can the employee prove that the accident really happened? This case out of Calcasieu Parish demonstrates the burden for…

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Boutte IHOP Successfully Defeats Sexual Harassment and Constructive Discharge Claims

Sexual harassment in the workplace is unfortunately all too common.  While a victim of such harassment might feel entirely justified in filing a lawsuit against his or her employer, the harassing conduct might not be bad enough to survive a motion for summary judgment.  Just how bad does a work…

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Louisiana Court Determines Florida Man Can Proceed with Chinese Drywall Lawsuit

Do you know someone who owns a condo or a home? In some instances, the drywall used to construct the condo complex or home is built from Chinese-Manufactured Drywall.  From 2005-2008 Chinese Drywall was imported into the U.S. and used in the construction of thousands of buildings. Strangely, residents who…

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