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Articles Posted in Litigation

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Understanding Open and Obvious Defects: Implications for Personal Injury Claims

When it comes to personal injury claims resulting from slips, trips, or falls, the concept of open and obvious defects plays a significant role. Failing to act reasonably or being harmed by an apparent defect may hinder your ability to recover compensation for your injuries. This case exemplifies the importance…

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Supermarket Not Liable For Slip-and-Fall Because Of Lack Of Constructive Notice

When you make a quick run to the store, the last thing you expect is to be injured while shopping. If you slip and fall at a store, you might expect the store to be responsible for any injuries you might have suffered. However, Louisiana law requires that a store…

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Resolving Family Business Disputes: Navigating Complexities and Seeking Resolution

Family businesses can present challenging legal issues. Although you might feel like you can trust your family members to do the right thing, this is not always true, especially when large sums of money are involved. This case illustrates the complexities that resulted from agreements related to ownership of a…

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No Legal Malpractice Where Underlying Medical Malpractice Claim Was Meritless

When considering a legal malpractice claim, it is crucial to understand that proving your attorneys’ negligence alone is insufficient. To establish the merit of such a claim, you must demonstrate an underlying loss resulting from their negligence. This requires presenting compelling evidence that your original claim would have been successful…

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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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