| CONSTITUTIONAL LAW
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| 1. | Men-only country club restaurant illegal; injunction issued; establishing controlling precedent.
Albright v. Southern Trace Country Club, 03-C-3413 (La. 7/6/04) [38 pp.]
From LSCR Volume 12, Issue 7 This is the first time since the adoption of the Louisiana Constitution of 1974 that the Court has been called upon to determine the burden ... view full summary |
| MEDICAL MALPRACTICE
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| 2. | Medical review panelists may be hired as experts at trial;
establishing controlling precedent. Medine v. Roniger, 2003-C-3436 (La. 7/2/04) [19 pp.]
From LSCR Volume 12, Issue 7 Plaintiffs filed this medical malpractice suit to recover damages for the wrongful death of their son, who died of an intentional overdose o... view full summary |
| TORTS
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| 3. | Jury's disbelief of changed testimony after "Mary Carter" agreement not manifestly erroneous; defense verdict affirmed.
Bonin v. Ferrellgas, Inc., 03-C-3024 (La. 7/2/04) [13 pp.]
From LSCR Volume 12, Issue 7 Plaintiffs filed this suit to recover damages for personal injuries they suffered when a cabin they were staying in at a campground caught f... view full summary |
| CIVIL PROCEDURE
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| 4. | Summary judgment reversed: internal inconsistencies in uncontradicted deposition testimony preclude summary judgment.
Wadsworth v. Garrett, 2004-C-0806 (La. 6/25/04) [7 pp.]
From LSCR Volume 12, Issue 7 Plaintiffs filed this suit to recover damages they suffered when they struck defendant's cows while driving on the highway adjacent to his p... view full summary |
| 5. | Daubert ruling must be made before granting summary judgment.
Basco v. Liberty Mutual Insurance Company, 04-CC-1316 (La. 6/25/04) [1 p.]
From LSCR Volume 12, Issue 7 "Granted. Because the trial court failed to completely decide the admissibility of defendants' expert evidence under Daubert v. Merrill Dow ... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 6. | Constitutional prohibition on local taxation of "motor fuel" is broadly interpreted.
Ocean Energy, Inc. v. Plaquemines Parish Government, 2004-C-0066 (06/07/04) [24 pp.]
From LSCR Volume 12, Issue 7 This is an action for refund of sales and use taxes paid under protest. Conducting an audit, Plaquemines Parish Government ("PPG") found tha... view full summary |
| WORKERS' COMPENSATION
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| 7. | Injury on the way to construction site compensable under the WCA.
Dean v. SouthMark Const., 2003-C-1051 (La. 7/6/04) [16 pp.]
From LSCR Volume 12, Issue 7 Claimant Dean was hired as a laborer by subcontractor Markle, who was laying foundations for houses built by defendant SouthMark Constructio... view full summary |
| CRIMINAL
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| 8. | Multiple offender bill may be filed after completion of sentence for the underlying offense;
overruling controlling precedent. State v. Muhammad, 2003-K-2991 (05/25/04) [21 pp.]
From LSCR Volume 12, Issue 7 A jury found defendant Muhammad guilty on 17 counts of access device fraud. He was sentenced on April 9, 1999 to 4 years total, and was addi... view full summary |
| 9. | Juvenile adjudication of delinquency is not a "conviction" that can be used to support a multiple offender bill.
State v. Quincy Brown, 2003-K-2788 (La. 04/07/04) [24 pp.]
From LSCR Volume 12, Issue 7 Defendant Brown was a juvenile when he was adjudicated a delinquent for attempt second degree murder, and an adult when he was charged with ... view full summary |
| 10. | Answer to improper voir dire hypothetical not grounds for reversal.
State v. Taylor, 2003-K-1834 (La. 5/25/04) [9 pp.]
From LSCR Volume 12, Issue 7 At defendant's jury trial for second-degree murder of a co-worker, he intended to present evidence of self- defense. During voir dire, one j... view full summary |
| 11. | Prosecutorial misconduct before the grand jury does not give targets and witnesses the right to an injunction.
In Re: Matter Under Investigation, Grand Jury No. 1, 04-KK-0672 (La. 5/14/04) [7 pp.]
From LSCR Volume 12, Issue 7 The district attorney was presenting before the grand jury evidence of mistreatment of patients at a state- licensed health care facility. S... view full summary |
| 12. | Apparent violation of Louisiana motor vehicle law allows initial, investigatory traffic stop, even if no real violation occurred.
State v. Strange, 04-KK-0273 (La. 5/14/04) [7 pp.]
From LSCR Volume 12, Issue 7 Defendants Porter and Strange were charged with possession of marijuana with intent to distribute. Defendants were in a Thunderbird travelin... view full summary |
| 13. | Defendant has no standing to challenge indictment rendered by unconstitutional procedure.
State v. Mercadel, 2003-KA-3015 (La. 5/25/04) [9 pp.]
From LSCR Volume 12, Issue 7 Defendant was indicted by an Orleans Parish grand jury in January, 2003 on a charge of first degree murder, and pled not guilty. In July, 20... view full summary |
| 14. | In penalty phase, relatives of victim may testify as to other crimes committed against them by defendant.
State v. Jacobs, 03-KK-3349 (La. 6/25/04) [2 pp.]
From LSCR Volume 12, Issue 7 Defendant's supervisory writ granted: "In the event that retrial of this case reaches a penalty phase at which Ghebrab and Aseghedec Ghebrzi... view full summary |