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Articles Posted in Litigation

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Louisiana Medical Malpractice Lawsuit by Dental Patient Fails at Appeals Court

Appeals from trial court decisions can be costly, especially if the result is again not decided in your favor. Tara Lorraine (“Ms. Lorraine”), a dental patient at Bluebonnet Dental Care, L.L.C., learned this the hard way after appealing a jury verdict decided against her.  The Louisiana Court of Appeals for…

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How the Louisiana Code of Civil Procedure Article 971, The “anti-SLAPP” Statute Used in Court

Rights, even those granted under federal and state constitutions, are not without limitations. As Yaroslav Lozovyy (“Lozovyy”), a former research assistant at Louisiana State University (“LSU”), discovered in an appeal of his lawsuit against an interim director, Richard L. Kurtz (“Kurtz”), and a vice chancellor, Thomas R. Klei (“Klei”), courts…

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New Orleans police officer’s disciplinary violation is reversed

Police officers are trained to enforce the law and are obligated to follow the law. However, when a police officer violates the rules of policing, the officer has a right to written notice and then the right to an appeal if he feels the punishment is unfair. The following case…

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Louisiana Court holds that tutors are not considered a “parent” entitled to bring a claim for loss of consortium

Car accidents are extremely traumatic events that can impact the lives of anyone involved. The legal issues arising after a car accident can be complex and affect everyone involved. For example, what are the rights of a tutor when bringing claims on behalf of the children they are responsible for?…

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What If You’re Unable to Pay a Bond Required by Law?

Filing a medical malpractice lawsuit in Louisiana requires the plaintiff to pay a bond before the medical review panel is conducted. But what do you do when you cannot pay the bond? Is there a way to still proceed with your case? The following medical malpractice lawsuit out of Jefferson…

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Fax Filing A Lawsuit, Make Sure You Follow the Rules Precisely

After a workplace accident, an employee may be flustered, but it is essential that the employee promptly becomes knowledgeable about court requirements and deadlines. If a claim is not filed within an allocated timeline, the claimant may be barred from bringing the claim forward. The following case out of Jefferson…

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FMLA Retaliation and Title VII Hostile Work Environment Claims Fail on Lack of Evidence

Some consider the workplace as their second home. It is a place where one can thrive intellectually and network simultaneously. However, when a workplace becomes hostile or sexually charged, it can make an employee’s life unbearable. Therefore, to bring a successful claim against FMLA and a hostile workplace, a plaintiff…

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Damages Awarded by Jury “Shocked the Conscience,” Louisiana Appellate Court Increases Award by $18,500

Although a car accident may result in minor damage to your vehicle, it can cause greater damage to your life. By seeking medical treatments and altering your lifestyle due to accident-related injuries, you deserve to be adequately compensated. The following lawsuit, out of Jefferson Parish, Louisiana, shows how courts deal…

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Choice in Pharmacy For a Work-Related Injury Belongs to the Employer

Getting treatment and medication can be challenging when recovering from an on-the-job injury. If you are injured at work, you may want to pick up prescriptions at the local pharmacy closest to you. While you may have interpreted Louisiana’s Workers’ Compensation statutes to allow for “choice of pharmacy” in the…

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Why It’s Important to Dot your I’s and Cross Your T’s When Filing a Default Judgment

A considerably large percentage of the United States population holds student loan debt. In addition, most individuals who attend higher education institutions in today’s society graduate with some debt. Phillip Kuzma knows this too well.  Kuzma was sued by the National Collegiate Student Loan Trust (NCSL) for over $30,000 after…

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