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State Court Appeals
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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Anyone signing a real estate contract on behalf of an LLC must have proper legal authority documented before the transaction. Without this documentation, contracts can be challenged and potentially invalidated, as demonstrated in a recent Louisiana Court of Appeals case. At Melancon, Rimes & Daquanno, we frequently see real estate disputes that could have been
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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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