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Articles Posted in Legal Definitions

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Where There’s Smoke, There’s a Lawsuit: Determining Liability for a Car Accident Resulting from a Marsh Fire

The phrase, “where there’s smoke, there’s fire,” is often used to describe situations where one thing almost certainly indicates the presence of another. However, establishing a contributing factor to a car accident and liability for negligence does not always follow so direct a relationship. Shortly before Tropical Storm Lee reached…

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Houma Residents Injured by Termite Treatment Shut Out of Court for Failure to Offer Qualified Expert Witnesses

Expert testimony is one tool litigants can use to prove their arguments in a court of law. Expert witnesses are highly credible individuals with advanced knowledge in a particular field in a lawsuit. The testimony of experts is meant to assist the court in understanding the evidence in matters of…

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No Pay, No Play, No Problem? Uninsured Motorist Injured in Car Accident Obtains Jury Award

Car accidents are traumatic experiences that occur every day across Louisiana. An accident can cause initial damage upon impact, but many accident victims also spend months and sometimes years coping with accident-related injuries.  On June 27, 2014, Jasmine Raymond, a twenty-four-year-old driver who did not have auto insurance as required…

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Iberia Parish Educator Learns Expensive Lesson in Pro-Se Lawsuit Against Former Attorney

Aleashia Clarkston’s employment with the Iberia Parish School Board was terminated in April 2013 after she was accused of abusing the school’s Leave of Absence policy. She had been on medical leave since September 2012. Clarkston objected to what she believed was a wrongful termination. In addition, she claimed she…

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Baton Rouge Car Dealer Escapes Vicarious Liability Claim in Accident Involving Motorcyclist

It’s a common scenario:  a potential buyer visits a car lot, finds a vehicle he’d like to test drive, and heads out onto the road with the salesperson in the passenger seat. What happens, though, if an accident occurs during the test drive? Suppose the potential buyer loses control of…

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Monroe Car Accident Shows Importance of Proper Strategy in the Trial Court

Lawsuits resulting from car accidents can raise many difficult questions. Determining the precise events that led to an accident can be complicated and require courts to make close calls about witnesses’ credibility. Furthermore, parties may question whether they are entitled to certain damages if they prevail in their lawsuit. These…

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Injured Driver Wins Favorable Jury Verdict and Still Appeals in Ouachita Parish Car Accident Case

Car accidents are unfortunate but commonplace occurrences in modern life. The resulting lawsuits can involve complicated arguments over the allocation of fault between the drivers involved and the appropriate amount of damages awarded by the Court. Such questions arose in a lawsuit involving a car accident in Ouachita Parish, Louisiana. …

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Class Action for Data Breach Fails in Louisiana Due to Lack of Actual Damages

As more and more aspects of our lives are conducted online, data breaches have become an increasingly troubling prospect. If you have been involved in a data breach, you have likely worried about potential adverse effects and the possibility that you could become a victim of identity theft. However, the…

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Terminated Plaquemines Parish Employee Denied Attorney’s Fees After Successful Appeal for Job Reinstatement

Getting fired from a job can be devastating for anyone, and getting fired from a job unjustly is even worse. You may believe that if you are wrongfully terminated, you are entitled to all the costs, including attorney’s fees, that you incur in any legal action you take against your…

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Alexandria, Louisiana Last Will and Testament Invalidated for Failure to Follow Formalities

Losing a loved one is an obviously devastating experience. Possessions left to the surviving family members cannot take the grief away but can prohibit an entire upheaval for the survivors. It is critical that an excellent attorney drafts the will and handles the probate process for the sake of those…

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