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State Courts -
Louisiana - April 5, 2006
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Albarado v. State Farm Mut. Auto Ins. Co., CA 05-1084,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: In dispute among an injured auto passenger, her husband, an insured, and an insurer, trial court erred in granting summary judgment for insured and insurer because a novation had occurred, pursuant to La. Civ. Code Ann. art. 1879, when parties executed second agreement and release, and genuine issues existed as to compromise's validity.
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Broussard v. Lafayette Parish Sch. Bd., WCA 05-575,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Pursuant to La. Rev. Stat. Ann. § 23:1221(3)(a), a workers' compensation claimant was entitled to supplemental earnings benefits based upon zero, as none of the new positions identified by a vocational rehabilitation counselor were suitable because the counselor ignored the physical, mental, and educational limitations of the claimant.
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Brown v. Schreiner, NO. 2005-CA-0255,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 5, 2006, Decided
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Overview: Because defendants did not appeal from March 26, 2004 judgment, which partitioned ownership interests of fence company in contract dispute, within 60 days after trial court denied plaintiffs' motion for new trial, trial court lacked authority to extend 60-day deadline of La. Code Civ. Proc. Ann. art. 2087A(1) and grant defendants devolutive appeal.
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