Archive of LSCR Articles
Showing results for LSCR volume 22 LSCR issue 12 | Jump to a direct Volume/Issue
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| BAR / DISCIPLINARY / ETHICS
| 1. | 18th JDC judge suspended without pay for thirty days. In Re: Judge J. Robin Free, 2014-O-1828 (La. 12/9/14) [26 pp.] From LSCR Volume 22, Issue 12 This matter came before the Court after an investigation and recommendation by the Judiciary
Commission concerning Judge ... view full summary | | CIVIL PROCEDURE
| 2. | Res judicata barred award of exemplary damages for plaintiff in hazardous exposure case based on jury determination in earlier litigation. John Oleszkowicz v. Exxon Mobil Corporation, 2014-C-0256 (La. 12/09/14) [7 pp.] From LSCR Volume 22, Issue 12 In 2002, plaintiff was among a group that filed suit against Exxon in Lester v. Exxon Mobil Corp.
seeking personal injury damages alleg... view full summary | 3. | Res judicata barred plaintiff's claim for punitive damages in hazardous exposure case based on settlement of prior litigation. Dwayne Chauvin v. Exxon Mobil Corporation, 2014-CC-0808 (La. 12/09/14) [16 pp.] From LSCR Volume 22, Issue 12 As in the case above, plaintiff was among those who filed suit in the cumulated action Lester v.
Exxon Mobil Corp. In Lester, plaintiff... view full summary | 4. | State agency was immune from suit for unjust enrichment, despite statutory language that it had power to sue and be sued. Canal/Claiborne, Limited v. Stonehedge Development, LLC, 2014-C-0664 (La. 12/09/14) [29 pp.] From LSCR Volume 22, Issue 12 Plaintiff was the owner of property located at 1661 Canal Street in New Orleans. In 1995, it entered
into a lease of the property ... view full summary | | PROPERTY
| 5. | Tax sale purchaser entitled to recover its costs from third party purchaser although tax sale was absolute nullity. Mooring Tax Asset Group LLC v. Roderick A. James, 2014-C-0109 (La. 12/09/14) [14 pp.] From LSCR Volume 22, Issue 12 In 1997, Charles and Connie Brown purchased the property at 7047 Lake Willow Drive in New
Orleans, and the sale was recorded in the Or... view full summary | | WORKERS' COMPENSATION
| 6. | Absent objection from plaintiff, defendant's attachments were admitted in support of motion for partial summary judgment. Brett Bourque v. Transit Mix Concrete & Materials Co., 2014-C-1588 (La. 12/08/14) [5 pp.] From LSCR Volume 22, Issue 12 Defendant sustained injuries to his spine and underwent surgeries to alleviate his pain. In August
2011, he underwent a radio-frequenc... view full summary | | JUVENILE
| 7. | State's deadline to adjudicate case in juvenile court could not be extended by dismissing case and filing new petition. State in the Interest of J.M., 2013-CK-2573 (La. 12/09/14) [11 pp.] From LSCR Volume 22, Issue 12 Defendant, a juvenile, was charged with simple battery and simple criminal damage to property. On
February 25, 2013, she appeared to a... view full summary | | CRIMINAL
| 8. | Defendant's violation of ban on open alcoholic beverage containers in vehicle gave officers sufficient basis to detain and search him. State v. Cardal Hayes, 2014-KK-1999 (La. 12/08/14) [2 pp.] From LSCR Volume 22, Issue 12 A police officer effected a traffic stop because the driver was impeding the flow of traffic at a busy
intersection in violation of La... view full summary | 9. | Court's closure due to hurricane interrupted prescriptive period for bringing defendant to trial. State v. Raney Bibbins, 2014-K-0971 (La. 12/08/14) [2 pp.] From LSCR Volume 22, Issue 12 Defendant filed a motion to quash, arguing that the State failed to bring him to trial within the two-
year prescriptive period of La.... view full summary | 10. | State's Doyle violation was harmless error where self-defense claim was implausible in light of overwhelming evidence. State v. Daniel Marshall, 2013-K-2007 (La. 12/09/14) [12 pp.] From LSCR Volume 22, Issue 12 In September 2009, defendant shot and killed Ronald Hodges, Jr. For years, Hodges had been in a
romantic relationship with Ebony Gasti... view full summary |
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