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Articles Posted in Litigation

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Fifth Circuit Clarifies Mineral Rights Law, Unit Operators Must Send Reports to Lessees or Forfeit Right to Contribution

Safeguarding your property rights is of utmost importance, as the consequences of inadequate protection can be far-reaching. While oil and gas rights disputes may not directly affect the average citizen, other property-related conflicts can significantly impact individuals and their assets. In such complex situations, navigating the intricacies of property laws…

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The Duty of a Seller to Deliver a Defect-Free Item: A Case of Negligence

When an item is repaired, it is reasonable to expect it to be safe and free of defects upon its return. However, when an injury occurs after a product’s repair, the injured party is entitled to seek damages. For example, Joe McPherson suffered a knee injury after the battery compartment…

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The Importance of Truthfulness in the Legal System and Its Effect on Case Outcomes

Honesty is always the best policy. This proverb rings especially true in the legal system, where truthfulness and transparency are vital to maintaining the legal process. Failure to tell the truth or even a mistake in remembering the facts can bring severe consequences, as Mark and Paulette Moore discovered after…

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Office of Workers’ Compensation Exceeded Authority By Shortening Prescription Period

Navigating bureaucracy and red tape is a common experience when dealing with government agencies and trying to obtain workers’ compensation benefits. However, if you find yourself frustrated by what seems like an improper requirement, you might be able to challenge an administrative agency’s actions as exceeding its authority, as Calvin…

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When Do I Need Expert Testimony for a Medical Malpractice Lawsuit?

In the event that you find yourself in the challenging position of pursuing a medical malpractice lawsuit against your doctor, the presence of an expert witness becomes paramount. Such a witness is instrumental in establishing the negligence of your treating physician. A recent case originating from the Parish of East…

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How Genuine Issues of Material Facts Can Impact a Personal Injury Case

Personal injury cases are notorious for their intricate nature, often posing challenges in determining fault and establishing liability. Complications escalate further when discrepancies arise regarding the facts surrounding the incident. When blame is uncertain, and parties refuse to accept responsibility, the legal landscape becomes increasingly convoluted.  A recent Louisiana Court…

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Understanding Legal Malpractice Claims: Establishing Negligence and Loss

Losing a lawsuit can lead to frustration with your attorney, and you might contemplate pursuing a legal malpractice claim against them. However, it is crucial to comprehend the essential elements required to succeed in such a claim; otherwise, your case may face dismissal. The Klein v. Wynne lawsuit examines the…

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Navigating Unfair Termination as a Civil Service Employee: Understanding the Appeals Process

Experiencing termination from your job is a difficult situation, especially when it feels unjust. Scott Poiencot faced this unfortunate circumstance when he was terminated from his position as a police officer in the Lafayette Police Department, where he had served for several years. As a civil service employee, Louisiana law…

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Law Firm Permitted Discovery of Louisiana Board of Pharmacy Database Records

Everyone knows that evidence is an essential part of winning any lawsuit. However, how do you go about finding relevant evidence? If you are involved in a lawsuit, you are entitled to discovery to obtain information pertinent to your claims and help defend yourself. However, discovery is not limitless. Instead,…

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Importance of Timely Filing: A Case Study on False Arrest and False Imprisonment Claims

Filing a claim in court requires careful consideration of the appropriate time frame, as it can significantly impact the success of a lawsuit. This is particularly crucial when dealing with actions such as false arrest and false imprisonment, where prescription periods play a significant role.  In a noteworthy case involving…

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