| INSURANCE
|
| 1. | "Automobile business" exclusion deemed against public policy and not enforceable.
Laurie Ann Sensebe v. Canal Indemnity Company, 2010-C-0703 (La. 01/28/11) [21 pp.]
From LSCR Volume 19, Issue 2 Plaintiff was driving in St. Tammany Parish when her vehicle was rear-ended by a pickup truck
owned by Gregory Hyneman and operated by... view full summary |
| MEDICAL MALPRACTICE
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| 2. | Appeal court erred in reversing dismissal and remanding for Sibley hearing.
Patrick Russo v. Dr. Steven Kraus, 2010-C-2463 (La. 01/28/11) [1 p.]
From LSCR Volume 19, Issue 2 In 1998 Janice Russo underwent a hysterectomy after a uterine cervix biopsy revealed moderate-
severe dysplasia without malignancy. Dr... view full summary |
| TORTS
|
| 3. | Riding of oil well pump was not a reasonably anticipated use.
Robbie Payne v. Brett Gardner, 2010-C-2627 (La. 02/18/11) [5 pp.]
From LSCR Volume 19, Issue 2 In 2004, 13-year-old Henry Goudeau climbed onto the moving pendulum of an oil well pump in rural
Rapides Parish and attempted to "ride... view full summary |
| CIVIL PROCEDURE
|
| 4. | Service of process not required in cause of action for wrongful conviction.
Gerald Burge v. State, 2010-C-2229 (La. 02/11/11) [6 pp.]
From LSCR Volume 19, Issue 2 In 1986 plaintiff was convicted of the murder of Douglas Frierson in the 22nd Judicial District Court
for the Parish of St. Tammany an... view full summary |
| 5. | No such thing as exception of no cause of action based on prematurity.
Daniel Moreno v. Entergy Corporation, 2010-C-2268 c/w 2010-C-2281 (La. 02/18/11) [5 pp.]
From LSCR Volume 19, Issue 2 Plaintiff was injured while working near an overhead power line in Jefferson Parish. He sued
numerous defendants, includ... view full summary |
| STATE AND LOCAL GOVERNMENT
|
| 6. | Statutory time limit for violation of use regulations trumped parish ordinance.
Parish of St. Charles v. Wanda Fontenot, 2010-C-2552 (La. 01/28/11) [1 p.]
From LSCR Volume 19, Issue 2 In October 2007 the Parish of St. Charles, through the Department of Planning and Zoning, filed suit
against defendants, as owners ... view full summary |
| CRIMINAL
|
| 7. | No right to appointed counsel in discretionary review of traffic and petty misdemeanor convictions.
State v. Vincent M. Castillo, 2009-KK-1358 (La. 01/28/11) [13 pp.]
From LSCR Volume 19, Issue 2 Defendant was charged in First Parish Court for the Parish of Jefferson with speeding, driving with
a suspended license, and driving w... view full summary |
| 8. | Application for post-conviction relief not untimely.
State Ex. Rel. Leighton Hills v. State, 2010-KH-0168 (La. 02/11/11) [2 pp.]
From LSCR Volume 19, Issue 2 Petitioner filed an application for post-conviction relief, which the First Circuit dismissed as
untimely based on the tim... view full summary |
| 9. | No double jeopardy violation as to manslaughter and simple burglary convictions.
State v. Daniel L. Pegues, 2010-K-1626 (La. 02/18/11) [9 pp.]
From LSCR Volume 19, Issue 2 In 2007 an off-duty deputy with the Calcasieu Parish Sheriff's Office was shot several times and
killed while investigating a burglary... view full summary |
| 10. | Officers had probable cause to arrest vehicle passenger for drug offense.
State v. Shelvin Smith, 2011-KK-0312 (La. 02/21/11) [2 pp.]
From LSCR Volume 19, Issue 2 Defendant was arrested for a drug related offense after police observed a vehicle apparently trolling
for drug buyers in hotel parking... view full summary |
| 11. | Court allowed evidence of prior unadjudicated juvenile act of attempted rape.
State v. Theo George, 2011-KK-0325 (La. 02/23/11) [2 pp.]
From LSCR Volume 19, Issue 2 Defendant was charged with forcible rape. He had committed a prior unadjudicated juvenile offense
of attempted forcible rape. Defendan... view full summary |