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Articles Posted in Summary Judgment

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Environmental Damage Appeal Focuses on Mineral Lease, Oil

In January, the Louisiana Supreme Court considered an appeal from the Vermilion Parish School Board. The appeal centered on environmental damage to land that was subject to a mineral lease. The mineral lease allowed those leasing the land to look for and remove any mineral, including oil, that they found…

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Customer’s Tire Shop Injury Results in Duty of Care Analysis

In Louisiana, a merchant’s duty to keep the premises safe for its customers is narrowly defined by the law. La. R.S. 9:2800.6 specifically deals with merchants and requires the injured party to prove: (1) The condition presented an unreasonable risk of harm to the claimant and that risk of harm…

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Louisiana and Fifth Circuit Reaffirm the Necessity of Personal Jurisdiction

The “New York Convention” (9 U.S.C. §§ 201 et seq.) gives a U.S. court the ability to enforce a foreign arbitration award if there is personal jurisdiction over the defendant. Personal jurisdiction is when the defendant can expect to appear in a foreign country’s court because the defendant has minimum…

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