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Louisiana Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Civil Litigation and Civil Rights for Louisiana on
Q: What is a possible sentencing or punishment for a first offense on domestic violence/child endangerment law?

There was a domestic violence act between a man (the offender) and woman in the household, a child was around and got hurt unintentionally.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 8, 2019

Exposure depends on the injuries to the victim.

1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Legal Malpractice for Louisiana on
Q: I had a mild heart attack brought on by a proposed eviction supported the succession attorney hired by sister. recourse?

Sisters atty encouraged her to propose my eviction in order to sell my late mothers home. My understanding is that I am equal share holder in ownership & cannot be evicted. Also I’m disabled - stroke 4yrs ago. I’ve lived with my mom for 18yrs. When I received this proposed eviction, my blood... Read more »

Edward X. Clinton, Jr
Edward X. Clinton, Jr answered on Jun 21, 2019

I am sorry you had a heart attack, but the heart attack was not caused by the eviction or the attorney so, no, you can't sue them.

1 Answer | Asked in Arbitration / Mediation Law and Workers' Compensation for Louisiana on
Q: Do a victim have the right to hire a mediator to mediate settlement in workers comp cases?

The victim has went through 2 major back surgery over an 8 year period. She has complied with all recommended treatments. She feels her attorney is under scoring the settlement.

Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 11, 2018

Every Office of Worker's Comp in Louisiana has a mediator on staff whose services are available free of charge. You can certainly ask your attorney to propose mediation with the employer or its w/c carrier. Keep in mind that an employer does not have to settle a worker's compensation case, and a... Read more »

1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Elder Law for Louisiana on
Q: is there any way to get around a next of kin authorization of cremation?

My great aunt recently passed away and one of her sisters refuses to sign the authorization to cremate. Prior to her passing i was her POA. she only has a life insurance policy big enough to cover the cost of her services and cremation. I have tried to explain this to her sister that lives in the... Read more »

Christie Tournet
Christie Tournet answered on Aug 28, 2017

A directive/authorization for cremation can be made by a Testator to an individual, other than a family member, in a valid Louisiana Will. Typically, that is the only way to get around the family requirement. You mention that you previously had POA for the Decedent, but not sure of the scope of... Read more »

1 Answer | Asked in Adoption, Arbitration / Mediation Law, Child Custody and Divorce for Louisiana on
Q: If my estranged husband hasnt tried to contact my son in about 7yrs.Can I get divorce and terminate his parental rights?

I got married October 21, 2007. Then found out I was, surprisingly pregnant, around march 2008! This man was already very controlling and when the baby was born he got worse and started Being verbally abusive and had started to do things that was actually threatening the life of my son and I! After... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Apr 18, 2017

You can get a divorce immediately based on living separate and apart without reconciliation for a period of 1 year. You can ask for sole custody in the divorce proceedings. Once you and your fiance have been married for 6 months, he can file to adopt the child. The father's rights can be... Read more »

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