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Louisiana Personal Injury Lawyer Blog

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Louisiana Court Uses Statutory Construction to Overturn Dismissal Based Upon Procedural Issue

Legal issues can be separated into procedural and substantive categories. Although some may view procedural requirements as mere technicalities, they are essential to the efficient and fair operation of the legal system. Parties to a lawsuit must ensure that they meet all procedural requirements of a lawsuit, or else risk…

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East Baton Rouge, Louisiana, Courts Judgment Dismissing Negligence Claims Against Hospices Discharge of Terminally Ill Cancer Patient

In cases involving negligence on behalf of medical personnel, expert testimony is often needed to establish the standard of care that was breached by the party being sued. An expert’s testimony will be admitted based on its relevance to the facts at hand as well as the experts level of…

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Creative Arguments Fail in Medical Malpractice, Breach of Contract Lawsuit

Imagine that your mother, a friend, or someone else you love dearly suffers from numerous health problems. In a terrible twist of fate, your loved one falls, worsening their current condition and making life more painful and difficult than it already is. To top it all off, what would already…

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What Happens When a Trial Witness is “Unavailable” to Testify? Tangipahoa Parish case of woman hit by car while on horse answers that question.

Imagine going for a horseback ride to clear your head and take a time-out from the hectic everyday happenings of life. Now imagine that the relaxing ride comes abruptly to an end when both you and the horse are involved in a collision with an automobile. A similar situation occurred…

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Louisiana Court Distinguishes between “Insurance Claim” and “Court Judgment”

When plaintiffs sue based upon statutes, legal decisions often hinge upon how the statute is interpreted. In many cases, this can depend on how the court interprets the meaning of a single word within the statute. In order to interpret legal statutes, courts employ a process known as statutory construction.…

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Injured by Ambulance Driving to Emergency Call, Louisiana Court Reviews Emergency Call Driving Standards

We’ve all been in the situation where we’re sitting at a red light or approaching an intersection and all of a sudden we hear sirens and see flashing lights. Everyone knows to stop and yield to the oncoming ambulance. Sometimes, however, a driver might not yield for whatever reason. This…

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Louisiana Court Upholds “As Is” Home Sale in Case of Termite Infestation and Moisture Damage

Buying or selling a home is a complicated process filled with legal and practical pitfalls that can cause problems for both the buyer and seller.  One of the most important steps that a person engaged in a transaction with potential legal issues must take is to speak with a good…

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“Borrowed” Employees May Only Bring Workers’ Compensation Claims Against “Borrowing” Employers

Borrowed employees are workers assigned by their employer to work for companies borrowing their services on a short-term basis. Normally, employees hurt on the job may recover money in addition to worker’s compensation benefits from their employing companies. As the following case from the Louisiana First Circuit Court of Appeal…

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Defamation Claims Prove Hard To Prevail In Case Against St. Tammany Parish Hospital And Treating Physician

Imagine you go to a hospital for a medical emergency such as leg weakness, back pain, and paresthesia. While you are at the hospital, you feel that you are treated harshly and unprofessionally by the physician that examines you. Later, you find out that the physician wrote insulting things about…

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