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Articles Posted in Litigation

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Can An Undocumented Worker Receive Workers’ Compensation Benefits?

Navigating receiving workers’ compensation benefits following an on-the-job injury can be difficult. It is even more difficult when you are an undocumented worker. Unfortunately, that is the situation Candido Perdomo, an undocumented worker, found himself in after he was injured when he was pinned underneath a garbage truck when a…

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Sincerely or Not: Could You Be Liable for Bringing a Frivolous Appeal?

The legal system has neither time nor resources to waste, so courts refrain from entertaining frivolous lawsuits that lack serious or sincere claims. Moreover, in such cases where a court determines that a lawsuit is frivolous, the court will render a judgment against the party who brought the lawsuit and…

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Allocating Damages in Wrongful Death Cases: Navigating the High Standard of JNOV Motion

Allocating damages in a wrongful death case is challenging because putting a price on a life is hard. Therefore, if a family in a wrongful death case feels the jury abused its discretion in calculating that monetary value, then the family can resort to a motion for JNOV to try…

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Experts Testify in Neurosurgery Medical Malpractice Claim

Medical malpractice claims are brought when a patient is a victim of negligence at the hands of their physician. Due to the nature of this category of claims, stories of medical malpractice are often horror stories showcasing worst-case scenarios. Even further, the most intense medical malpractice claims result in the…

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New Orleans Police Officer Appeals Civil Service Commission Dismissal

Police 0fficers are public servants responsible to the taxpayers and their profession. When an officer violates the rules of the New Orleans Police Department (NOPD), they are disciplined through penalties. Both state laws and the department policy bind the officer. Officers are given hearings and allowed to plead their case…

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What is Res Ipsa Loquitor?

Personal injury lawsuits can be complicated, especially when they involve injuries sustained while shopping. Mary Mason found herself in this situation at a Burlington store in Lafayette, Louisiana, when a chair collapsed as she sat on it, causing her to fall and sustain injuries. Despite suing Burlington and claiming negligence,…

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Louisiana First Circuit Says Settlement Not Enforceable Based on Email Communications

Parties in conflict often prefer out-of-court dispute resolution. Although these agreements made outside the courtroom are appealing, they come with their slew of issues and may require a courtroom to enforce an out-of-court solution. When a deal outside the courtroom requires a court to intervene, how does that court decide…

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Mistake, Medical Malpractice, or Misunderstanding Risk?

While much maligned in the popular consciousness, medical malpractice lawsuits serve a vital function in protecting patients’ rights when accessing healthcare. In Louisiana, a successful medical malpractice lawsuit must show the physician being sued had a standard of care for their patient, the physician violated this standard of care, and…

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A Constitutional Right for Prom? Or the Right to Fair Treatment in Public Schools?

The senior prom usually allows students to dress up and mingle with their classmates and chaperones. Often this is the last chance that some students will get to hang out with classmates before they graduate. Yet some students at L.W. Higgins High School (“Higgins”) in Jefferson Parish alleged they were…

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Underlying Medical Conditions, Can You Claim Res Ipsa Loquitur in a Lawsuit?

You think that when you’re being taken care of by hospital personnel, you are in safe hands and do not have to fear for your safety. However, if you are injured when being moved from a hospital cart to your bed, can you claim negligence based on res ipsa loquitur?…

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