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Articles Posted in Litigation

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Court Deadlines Are Important, Especially in Federal Court

Before taking on one of the nation’s largest, leading automotive manufacturing companies, it is essential to consult an excellent attorney with knowledge of the Federal Court system.  The importance of following the deadlines set by the Court in that system cannot be understated. Unfortunately, the lesson of how critical it…

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New Orleans Car Accident with Out of State Insurance Policy, Which State’s Laws Apply to the Lawsuit?

Automobile insurance claims are complex enough, as it is unlikely that all parties involved will immediately agree on a settlement amount. These claims become even more convoluted when there are questions as to what state law should apply or when the insured isn’t fully aware of what his policy entails.…

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Three-Year Rule Applies to Worker’s Compensation Claims for Necessary Treatment

Timing is an important part of claiming worker’s compensation in Louisiana. Louisiana R.S. 23:1209(C) requires that: The employee files an initial claim or makes other suitable arrangements within one year of the injury; and The employee makes any subsequent claims no more than three years after the last payment of…

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Louisiana Employment Discrimination Case Fails Due to Summary Judgment

People may be fired for a variety of reasons. Often a dismissed employee feels the termination was unjust or racially based. Bringing a lawsuit under Title VII of the Civil Rights Act of 1964 is difficult. A plaintiff must present evidence for a prima facie case of discrimination to survive…

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What is Wrongful Termination Back Pay and Exceptional Pay in Louisiana Civil Service Matter?

If you were wrongfully terminated from a civil service position within your local government, you might be eligible to receive some compensation for your trouble. For example, say you are placed on suspension and are on track to be terminated. However, you later appeal that decision, and your suspension and…

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Louisiana Appellate Court Affirms Dismissal of Age and Disability Discrimination Claims

If you feel you have been wrongfully terminated, you might think it is sufficient to file a lawsuit accusing your former employer of violating the law. However, merely making legal accusations is insufficient. To survive a motion to dismiss, you must include sufficient factual details to support your claims against…

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When a Defendant is Dismissed Before the Trial, Can Another Defendant Appeal the Decision?

When finding yourself as a defendant in a lawsuit, you will want to limit your liability as much as possible. Your liability could be altered when a co-defendant is found to be at fault for the injuries to a certain extent. However, when one defendant is dismissed before the trial…

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Can the Louisiana Department of Transportation Be Found Liable for a Car Accident?

Driving poses undeniable risks. However, travelers may need to consider how unsafe a barrier curb may be in certain situations. When is the state liable for these conditions? A case from the St. John Baptist parish considered how the state department of development and transportation was at fault for construction…

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What is the “Substantial Factor Test” in Louisiana Asbestos and Mesothelioma Litigation?

Risks are involved with many jobs. While employees may take risks at work, knowingly or unknowingly, one does not usually expect to put their family at risk while on the job. Jimmy Williams Sr found himself in this situation when his exposure to asbestos at work impacted his wife’s health…

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Are You Required to Plead the Word “Conspiracy” in Louisiana For Solidary Liability?

In Louisiana, a conspiracy is a combination of two or more persons to do something unlawful, either as a means or as an ultimate end. Once a conspiracy has been established, an act done by one in the furtherance of the unlawful act is, by law, the act of all…

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