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Insurance Dispute Lawyer Blog

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Coroner Not Liable for Burial of Foster Child’s Remains

A recent Louisiana Court of Appeal for the Fourth Circuit decision has highlighted the complex legal issues surrounding the handling of deceased individuals’ remains, particularly in the context of foster care. The case, involving the parents of a minor child who passed away while in foster care, underscores the challenges…

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Granddaughters and Medical Malpractice in Louisiana: Who Can Initiate the Claim?

In the recent Louisiana Court of Appeal, Third Circuit, decision of Guffey v. Lexington House, the court delved into the complexities of prescription (the Louisiana equivalent of a statute of limitations) in medical malpractice cases. This ruling provides valuable insights into the interplay between the Louisiana Medical Malpractice Act (LMMA)…

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A Car Crash, a Faulty Repair, and a Battle Over Damages

Patricia Spann’s life took a dramatic turn when she lost control of her Chevrolet Cobalt, resulting in a severe accident that left her with multiple fractures and a lengthy hospital stay. She believed the cause of the accident was a faulty power steering system, recently replaced by Gerry Lane Chevrolet…

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When a Slip and Fall Isn’t Just an Accident: Understanding Merchant Liability

We’ve all heard the phrase “slip and fall,” often in a comedic context. However, slip-and-fall accidents can result in severe injuries and legal battles. The recent case of Foto v. Rouse’s Enterprises, LLC, highlights the complexities of such cases and what it takes to prove a merchant’s liability. In 2013,…

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Court of Appeal Increases Monetary Damages Award Following Workplace Injury in Monroe Beverage Facility

Injuries that occur while an individual is working can devastate the injured party’s life in several ways. Not only does the injured party likely earn less money due to the injury, but other damages, such as medical expenses and loss of enjoyment of life, may also result. James Thomas was…

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Injured Shreveport Worker’s Claim Saved from Dismissal on Summary Judgment in Case Involving an Allegedly Open and Obvious Hazard

David Cox delivered four pallets of shirk-wrapped material for his employer, Southwestern Motor Transport, in June 2012. The delivery location was the Baker Distributing Company warehouse in Shreveport, Louisiana. Baker’s delivery dock did not have a dock plate. A dock plate is a metal bridge connecting a truck’s back to…

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Driver Not Liable for Passenger’s Injury in Accident Beyond His Control

Sometimes, being a passenger in a car can be a frustrating and disturbing experience. This is especially true when actions beyond the passenger’s control, such as being involved in a collision, put his or her life in danger. When such a situation arises, the injured passenger will, understandably, seek compensation…

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When one employee attacks a supervisor, can a supervisor proceed with a lawsuit against the employer?

Nurses fighting one another may sound like a scene from daytime television, but unfortunately, this also occurs in real time.  When one employee attacks a supervisor, can a supervisor proceed with a lawsuit against the employer?  A nursing home in Laplace, Louisiana, recently tried to be dismissed from a personal…

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New Orleans Police Officer’s Termination from Traffic Accident Confrontation Upheld

To ensure public trust in law enforcement, local government officials have the power to regulate police officers’ conduct both on and off duty. There are certain lines that police officers should not cross, even in their private lives. The following case shows how the New Orleans Police Department (“NOPD”) can…

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Louisiana State Employees’ Retirement System Loses Battle Over Disability Insurance With East Baton Rouge Women

On-the-job injuries can sometimes result in employment termination when the injury prohibits you from completing your work. When this happens, state-funded disability retirement benefits can keep former employees financially afloat; however, eligibility for such benefits depends on how long you have worked for the employer and when you file your…

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