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Articles Posted in Legal Definitions

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Choice in Pharmacy For a Work-Related Injury Belongs to the Employer

Getting treatment and medication can be challenging when recovering from an on-the-job injury. If you are injured at work, you may want to pick up prescriptions at the local pharmacy closest to you. While you may have interpreted Louisiana’s Workers’ Compensation statutes to allow for “choice of pharmacy” in the…

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Why It’s Important to Dot your I’s and Cross Your T’s When Filing a Default Judgment

A considerably large percentage of the United States population holds student loan debt. In addition, most individuals who attend higher education institutions in today’s society graduate with some debt. Phillip Kuzma knows this too well.  Kuzma was sued by the National Collegiate Student Loan Trust (NCSL) for over $30,000 after…

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If You Approach a Barking Dog and It Bites You, is the Owner Liable for your Injuries?

While holding the owner responsible for a dog’s behavior is typically the norm, most reasonable people would know not to approach a barking dog in a gated residence. However, Demetrious Frazier found himself at odds with Luke Difulco after being bitten by one of his dogs while performing his work…

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Carefully Review Lawsuit Releases Before Signing, or Suffer the Consequences

While a settlement can be a beneficial way to end a legal dispute, it can have long-lasting implications. If you are considering signing a settlement agreement and release, you must understand the possible effects of entering into such an agreement. A prior settlement agreement and release could result in a…

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Evidence of Knowledge Required to Prevail in Louisiana Slip-and-Fall Lawsuits

If you slip and fall over an item that has fallen at a store, you might think that you will be able to recover for your injuries in a lawsuit against the store. However, it is not enough to simply show that you slipped and fell. Instead, you must show…

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Who is Liable for Injuries for a Slip and Fall on a Public Sidewalk?

Premises liability is an active area of personal injury law, and accidents occurring on public property are no exception. The question often arises, who is liable for a slip and fall on a public sidewalk? In this case, the Louisiana Third Circuit Court of Appeal was asked to determine the…

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Probationary Employees Beware: Employer Takes Issue with Louisiana Workers’ Compensation Judge Decision on Appeal

Employment law disputes are very fact-specific inquiries. Judges, especially workers’ compensation judges, are typically well-equipped to handle these cases. But when a judge mishandles the facts or misinterprets the law having an excellent attorney in your corner helps in the appeal process. For the Sewerage & Water Board of New…

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Injured by Stocking Cart in Grocery Aisle, Whose Fault is it?

Everyone can picture a grocery store on a busy day. The aisles are congested, and workers are hurrying to replace products on the sales floor. There may be stocking carts blocking walkways. Who is responsible if a shopper trips over a worker’s cart and injures herself? What about if the…

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Can a Louisiana Court Impose a Default Judgment for Failure to Obey Pretrial Orders?

In a bizarre turn of events, an attempt to get unpaid wages from a Terrebonne Parish video store owner turned violent and led to the appeal discussed below. The appeal delved into the standards that Louisiana courts consider when it comes to repeated violations of their pretrial orders. The case…

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Your Short Term Wheelchair May Be Subject To a Hidden Defect Warranty

Recovering from an automobile collision is already a difficult journey. Sometimes physical recovery does not occur in a straight line, and intermediate accidents can complicate the process. This was especially true for Alexandria resident Mr. Maricle.  During his recovery from injuries due to a car crash, Mr. Maricle sustained further…

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