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Appellate Litigation
The Louisiana First Circuit Court of Appeal ruled that franchisors are not automatically liable for injuries at franchise locations. In Flynn v. Anytime Fitness, the court held that a franchisor must exercise day-to-day operational control or have direct custody over defective equipment to be held responsible for a franchisee’s negligence. This decision establishes that franchisors
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In Succession of John L Cazenave, Jr., 2022-CA-0852 (La.App. 1 Cir. 3/1/23), the First Circuit affirmed the trial court’s finding on bench trial that a decedent lacked testamentary capacity to enter into a new will that excluded his two daughters and donated all property to his surviving spouse. Facts Johnny Cazenave passed away in 2020
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In Conroy v. Suzico, 2022-CA-0974 (La.App. 1 Cir. 2/24/23), the First Circuit examined a sale and purchase agreement involving commercial property located in Baton Rouge. Christopher Conroy, the buyer, alleged that the seller, Suzico LLC, agreed in writing to sell the subject property for $1.44 million, but the seller wouldn’t complete the sale. Conroy filed
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In Brent Arceneaux v. Geico Choice Insurance Company, et. al., 2022-CW-1045, the Louisiana First Circuit Court of Appeal reversed the trial court’s order that granted a protective order preventing the disclosure of the defendant’s blood alcohol level. The court further reversed the trial court’s sanction against the plaintiff and his attorney for requesting the defendant’s
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In Charlene Blalock v. Shelter Mutual Insurance Company and Frank M. Flanagan, 2022-CW-0826 (La.App. 1 Cir. 12/29/2022), the Louisiana First Circuit Court of Appeal held the plaintiff solely responsible for her injuries after tripping on a power cord. The appellate court overturned the trial court’s decision to deny the defendants’ motion for summary judgment and
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