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Articles Posted in Litigation

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Procedural Pitfalls: The Consequences of Neglecting Administrative Remedies in Personal Injury Claims

A personal injury claim requires following specific rules and procedures to ensure a fair and just resolution. For Joseph Barlow, who slipped and fell while detained at the Lafayette Correctional Facility, his failure to adhere to the correction center’s administrative remedies became critical. This article examines the consequences Barlow faced…

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Spousal Transfers of Property: Fraudulent or Legal?

The separation of property between spouses is a legally recognized process, allowing them to transfer assets. However, what happens when this separation is done with fraudulent intent? In the case of Kathryn and Paul Holland, creditors accused the couple of fraudulently dividing their assets to avoid payment. The creditors filed…

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Can Uninsured/Underinsured Motorist Coverage be Applied To a Temporary Substitute Vehicle?

One of the joys of adulthood is figuring out insurance coverage for your vehicles. Selecting the right coverage can be incredibly challenging when you own a small business because there are unclear lines between personal and company vehicles. This can be especially challenging if an accident occurs when driving a…

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Can a parent recover when their child is injured on a school field trip?

School field trips are supposed to be fun. However, after an unfortunate incident, Darius Baheth’s experience was less than idyllic. Can a parent recover when their child is injured on a school field trip? The following lawsuit, out of Lafayette, Louisiana, answers that question. When Darius was thirteen years old,…

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Grilling for a Cause: The Importance of Safety and Liability in Fundraising Events

When preparing for a fundraiser, you understandably have lots on your mind. You have to coordinate food, RSVPs, and plan the event. However, if you are using something potentially dangerous, such as a propane barbecue, you also need to ensure you take reasonable steps to inspect it for any potential…

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From Prior Injury to New Accident: Who’s Liable for Your Injuries?

What happens if you were previously injured in an incident and later involved in another accident that causes further injury? Can the person responsible for the second injury be liable for your injuries? Although pre-existing injuries can make it more complicated to determine the scope of your injuries, the court…

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Understanding the Essential Elements in Employment Lawsuits:

When pursuing a legal claim against an employer regarding adverse employment actions, it is crucial to grasp the necessary elements required for a successful case. Failure to establish all essential components can result in the dismissal of your claim. The following lawsuit examines the circumstances of Lori Rayborn, a nurse…

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Resolving Property Disputes: A Case of Acquisitive Prescription and Boundary Determination

We have all heard that “good fences make good neighbors.”  But what happens when there is a dispute about the boundary of two pieces of property? The following conflict between New Fellowship Baptist Church and the Beals, who found themselves at odds over the boundary of their adjoining properties, helps…

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Navigating the Insurance Maze: Timing is Key for Administrative Remedies

The process of filing insurance claims can be time-consuming, demanding careful attention from all parties involved. In a recent ruling by the First Circuit Court of Appeal in Louisiana, the importance of timely and exhaustive pursuit of administrative remedies before seeking judicial review in insurance payment disputes was underscored. The…

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False Arrest, Wrongful Imprisonment, and the Deadline to Seek Legal Recourse

In a society built upon the principles of justice and fairness, few experiences can be as devastating as being wrongfully accused of a crime, subsequently arrested, and imprisoned for a wrongdoing one did not commit. The ramifications of such a traumatic ordeal can be profound, leaving individuals grappling with profound…

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