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| 1. | Issues regarding contract modification precluded summary judgment.
Circle, LLC v. M & L Engine, LLC, 2023-C-00063 (La. 03/28/2023) [2 pp.]
From LSCR Volume 31, Issue 4
Plaintiff contracted with Lafourche Parish to perform drainage work, including the
installation of pumps. Defendant subcontracted to provide the pumps... view full summary | | TORTS
| | 2. | Court remands for reconsideration in light of recent opinion reversing awards for negligent infliction of emotional distress without physical injury.
Rashaud Brown v. Valero Refining Meraux, LLC, 2022-CC-00521 (La. 04/04/2023) [2 pp.]
From LSCR Volume 31, Issue 4
This case arose from the April 10, 2020, accident, fire, and explosion at the Valero refinery
in Meraux. In Spencer v. Valero Ref. Meraux, LLC, 2022-00469, 20... view full summary | | 3. | Court reverses grant of exception of prescription on fraud claims.
Dewayne Douglas Dowd, Sr. v. Helena Emergency Physicians, PLLC, 2023-C-00132 (La. 04/25/2023) [3 pp.]
From LSCR Volume 31, Issue 4
Plaintiff filed a medical malpractice suit in Arkansas against Dr. Arthur Levy, an emergency
room physician at Helena Regional Medical Center. The jury determined that ... view full summary | | CIVIL PROCEDURE
| | 4. | Court denies motion to recuse.
Thomas D. Frye v. Richard Ingram Ballard, MD, 2023-C-0317 (La. 03/14/2023) [2 pp.]
From LSCR Volume 31, Issue 4
In this brief per curiam with no factual detail, the Court granted a supervisory writ and
reversed the Second Circuit's grant of a motion to recuse J... view full summary | | 5. | Court grants certification of question regarding prescription.
Randall Kling v. Troy Hebert, 2023-CQ-00257 (La. 04/18/2023) [2 pp.]
From LSCR Volume 31, Issue 4
The Court granted certification and set a briefing schedule as to the following question posed
by the United States Court of Appeals for the Fifth Circuit: In Louisiana, u... view full summary | | STATE AND LOCAL GOVERNMENT
| | 6. | Dual positions violated Dual Officeholding and Dual Employment Law.
J. Schuyler Marvin v. Robert Berry, 2023-C-00214 (La. 04/25/2023) [4 pp.]
From LSCR Volume 31, Issue 4
In July 2020 the Louisiana Attorney General notified Robert Berry of a complaint that he was
violating Louisiana's Dual Officeholding and Dual Employment Law, La. R... view full summary | | 7. | Court reverses res judicata dismissal after reversing underlying judgment.
State v. Robert Berry, 2022-C-00970 (La. 04/25/2023) [3 pp.]
From LSCR Volume 31, Issue 4
This was the suit referenced above and brought by the AG against Berry for violating the
Dual Officeholding Law. In this case Berry filed an exception of res judicata ba... view full summary | | INSURANCE
| | 8. | Insurer not entitled to summary judgment on coverage issue.
Wilton Crochet v. Nick's Refrigeration Sales & Service, Inc., 2023-C-00085 (La. 03/28/2023) [2 pp.]
From LSCR Volume 31, Issue 4
In connection with the renovation of their home, plaintiffs hired Nick's Refrigeration Sales
and Service, Inc. to install an air conditioning unit, duct system, and... view full summary | | EMPLOYMENT
| | 9. | Court accepts certified questions regarding Louisiana Environmental Whistleblower Statute.
Kirk Menard v. Targa Resources, LLC, 2023-CQ-000246 (La. 03/28/2023) [2 pp.]
From LSCR Volume 31, Issue 4
The Court granted certification and set a briefing schedule as to the following questions
posed by the United States Court of Appeals for the Fifth Circuit: (... view full summary | | CRIMINAL
| | 10. | Defendant entitled to recusal of judge under amended article.
State v. Jerman Neveaux, 2023-KK-00183 (La. 03/28/2023) [2 pp.]
From LSCR Volume 31, Issue 4
Defendant was charged with first-degree murder in the 2016 shooting death of Jefferson
Parish Sheriff's Office (JPSO) detective David Michael. The State... view full summary | | 11. | Defendant entitled to mistrial granted to co-defendants.
State v. Vincent Goffner, 2023-KK-00464 (La. 03/31/2023) [2 pp.]
From LSCR Volume 31, Issue 4
Three jointly indicted co-defendants were set to be tried together. During voir dire, two of
the co-defendants moved for a mistrial, which the district court denied. Th... view full summary | | 12. | Ramos did not apply retroactively to defendant's split-jury verdict.
State v. Julio Melendez, 2022-KP-0040 (La. 04/04/2023) [2 pp.]
From LSCR Volume 31, Issue 4
In 1987 a jury found defendant guilty of second-degree murder by a vote of 11-1. Defendant
received a mandatory sentence of life imprisonment at hard labor wi... view full summary | | 13. | Trial should be continued to allow defendant to respond to State's recently disclosed evidence.
State v. John Honore, 2023-KK-00461 (La. 04/04/2023) [5 pp.]
From LSCR Volume 31, Issue 4
In this case the State made a late disclosure of DNA and fingerprint evidence. In exchange for
an agreement by defendants that they would not object to the evidence based ... view full summary | | 14. | Court allows recorded jailhouse phone calls as impeachment evidence.
State v. Azemore Joseph, 2023-KK-00516 (La. 04/12/2023) [2 pp.]
From LSCR Volume 31, Issue 4
The district court made pretrial evidentiary rulings in this criminal case. Among those was
the exclusion of recorded phone calls made by defendant while in jail. The S... view full summary |
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