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Articles Posted in Legal Definitions

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Can A Louisiana Court Disregard A Special Master’s Report?

  One tool courts can use to manage litigation is a Special Master. A Special Master issues reports that a court can consider when ruling on a case. However, what happens if a court disregards the recommendations in a Special Master’s report? This situation raises intriguing questions about the authority…

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Lost in Translation: A Quarter-Million-Dollar Contract Mistake Exposes Shared Responsibility

Imagine, for a moment, you’re organizing a large-scale event with a long checklist of details to manage. Now imagine missing one tiny detail and having it cost you a whopping quarter-million dollars! That’s precisely the scenario that unfolded for Star Financial Services, Inc., a prominent ATM operator, in their dealings…

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A Slippery Case: How a Lease Agreement Swayed a Personal Injury Lawsuit Against a Medical Facility

Imagine attending a routine medical appointment at your local doctor’s office. You enter the premises expecting a standard check-up, but unexpectedly, you trip over a defective threshold and fall onto a hard terrazzo floor. This unsettling scenario is precisely what Lois J. Tate encountered in their accident, sparking a personal…

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City Cannot Claim Immunity For Hurricane Damage When Alleged Misconduct Predated Hurricane

Hurricanes can result in significant property damage, including flooding with contaminated water. When faced with such a situation, homeowners may wonder if they have a viable lawsuit against the responsible parties, such as the company responsible for the contaminants or the city involved in managing the wastewater system. The following…

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Unclaimed Vacation: Resigning from Your Job with Unused Day

We all cherish the idea of collecting vacation days, envisioning the blissful trips we’ll take in the future. But what if you find yourself resigning from your job with a surplus of accrued vacation days that you haven’t had the chance to use?  David Bodenheimer had worked for Carrollton Pest…

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Pre-Trial Notice Did Not Waive Party’s Right to Jury Trial

If you are involved with a lawsuit, you probably imagine your day in court involving a jury listening to the evidence and rendering a decision. After all, the US Constitution protects our right to a trial by jury. But what happens if the court issues a notice scheduling your trial…

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Discharged Firefighter Entitled to Penalties and Fees for Unpaid Wages

If you’ve ever left a job in the middle of a pay period, you might have had to wait to receive your final check. But what if you were fired, reinstated, fired, reinstated, and fired again? Payment of wages gets a bit more confusing. In Alexandria, a firefighter named Kendall…

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Hurricane Katrina Victim Finds Favor in the Louisiana Courts

Hurricanes do not discriminate. Regardless of age, wealth, gender, health, or race, hurricanes are merciless to all they come in contact with. Such was the case for Ms. Taylor, who experienced the wrath of Hurricane Katrina in 2005.  Ms. Taylor had been in the care of Touro Infirmary when Hurricane…

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Can a Witness to an Accident Seek Damages in Court?

Have you ever witnessed an accident? The experience can be overwhelming, leaving lasting, often overlooked emotional scars. Such consequences raise an essential question; can a witness to an accident seek damages in court? The subsequent lawsuit helps answer that question. The journey of the litigants through the intricate legal landscape…

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Spousal Transfers of Property: Fraudulent or Legal?

The separation of property between spouses is a legally recognized process, allowing them to transfer assets. However, what happens when this separation is done with fraudulent intent? In the case of Kathryn and Paul Holland, creditors accused the couple of fraudulently dividing their assets to avoid payment. The creditors filed…

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