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Articles Posted in Summary Judgment

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Insurance Provider Fails to Cancel Customer’s Coverage after NonPayment, Must Pay Damages

Complex insurance issues can add more hassle to the damage from a car accident. What happens if you’re in an automobile accident after failing to pay your insurance premium? Can you still get coverage for your claims? The following case out of Baton Rouge shows why insurance companies must follow…

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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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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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Louisiana Court Holds that Medical Records Can Counter Expert Testimony and Bar Summary Judgement

Courts often rely on motions for summary judgments to avoid the costly and time-consuming reality of going to trial and presenting a case in front of a jury. Motions for summary judgment are when one party asks the court to decide the case based on the current facts alleged in…

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The Cost of Litigation is in the Court’s Discretion in Louisiana

The lawsuit process can be expensive between investigation, preparation for trial, and the trial itself. This is on top of the emotional rollercoaster of events that have given rise to a lawsuit in the first place. Unfortunately, sometimes a plaintiff may lose at trial and be hit with all the…

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Ville Platte Hospital Found Not Liable for Ant Bites on ICU Patient

Hospital admission can often be a terrifying experience, but even more so is an ICU admission. Your life is literally in the hands of hospital doctors and nurses. But what happens if you sustain injuries unrelated to your original illness or injury while in the ICU? A recent patient at…

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Court Deadlines Are Important, Especially in Federal Court

Before taking on one of the nation’s largest, leading automotive manufacturing companies, it is essential to consult an excellent attorney with knowledge of the Federal Court system.  The importance of following the deadlines set by the Court in that system cannot be understated. Unfortunately, the lesson of how critical it…

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Louisiana Employment Discrimination Case Fails Due to Summary Judgment

People may be fired for a variety of reasons. Often a dismissed employee feels the termination was unjust or racially based. Bringing a lawsuit under Title VII of the Civil Rights Act of 1964 is difficult. A plaintiff must present evidence for a prima facie case of discrimination to survive…

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Louisiana Appellate Court Affirms Dismissal of Age and Disability Discrimination Claims

If you feel you have been wrongfully terminated, you might think it is sufficient to file a lawsuit accusing your former employer of violating the law. However, merely making legal accusations is insufficient. To survive a motion to dismiss, you must include sufficient factual details to support your claims against…

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