Archive of LSCR Articles
Showing results for LSCR volume 31 LSCR issue 7 | Jump to a direct Volume/Issue
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| CONTRACTS
| | 1. | Surety could rely on protections afforded debtor by Louisiana Deficiency Judgment Act. Newtek Small Business Finance, LLC v. Robert A. Baker, 2022-C-01088 (La. 06/27/2023) [13 pp.] From LSCR Volume 31, Issue 7
Baker Sales, Inc. (BSI) obtained two loans from plaintiff totaling $3,175,000 and secured by
mortgages on BSI's commercial property. Robert and Elsa Baker ... view full summary | | CIVIL PROCEDURE
| | 2. | Court remands for consideration of exception of no cause of action as to third-party demand for tort indemnity. Zach Bellard v. ATK Construction, LLC, 2022-C-01715 (La. 06/27/2023) [9 pp.] From LSCR Volume 31, Issue 7
On April 22, 2019, plaintiff filed suit to recover damages for personal injuries he allegedly
sustained while working as a plumber on a construction project on the camp... view full summary | | EMPLOYMENT
| | 3. | Environmental Whistleblower Statute protected employee who refused to engage in illegal activity and reported it to his supervisor. Kirk Menard v. Targa Resources, LLC, 2023-CQ-00246 (La. 06/27/2023) [11 pp.] From LSCR Volume 31, Issue 7
In June 2018 plaintiff began working as an environmental, safety, and health specialist at
defendant's plant in Venice, Louisiana. His job duties included ensur... view full summary | | TORTS
| | 4. | Court avoids considering constitutionality of reviving claims for sexual abuse of minor. TS v. Congregation of Holy Cross Southern Province, 2022-CA-01826 (La. 06/27/2023) [19 pp.] From LSCR Volume 31, Issue 7
In 1993 the Louisiana Legislature enacted La. R.S. 9:2800.9, regarding prescription of
actions for abuse of a minor. It provided that an action against a p... view full summary | | 5. | Court reinstates jury award to minor sexually assaulted at day camp. CD v. SC, 2022-C-00961 (La. 06/27/2023) [13 pp.] From LSCR Volume 31, Issue 7
In the summer of 2010, eight-year-old SD attended Rock Solid Camp, a day camp providing
sports and other activities to children of varying ages. SD was a special educat... view full summary | | DOMESTIC RELATIONS
| | 6. | Court upholds constitutionality of time limit in avowal action. Karen Cohen Kinnett v. Jarred Brandon Kinnett, 2023-CJ-00060 (La. 06/27/2023) [30 pp.] From LSCR Volume 31, Issue 7
This divorce proceeding between Karen and Jarred Kinnett involved a custody dispute
regarding GJK, a child born during their marriage but proven by geneti... view full summary | | 7. | Civil Code art. 94 provides exclusive grounds for declaring marriage absolutely null. Amy Wederstrandt v. Eden Kol, 2022-C-01570 (La. 06/27/2023) [29 pp.] From LSCR Volume 31, Issue 7
Ivie Efferson was killed in an automobile accident in June 2021 at the age of 24. Her parents
filed this suit two weeks later to nullify Ivie's marriage t... view full summary | | CRIMINAL
| | 8. | First-degree murder defendant may choose bench trial where State has elected to forego death sentence. State v. John Shallerhorn, 2022-KK-01385 (La. 06/27/2023) [8 pp.] From LSCR Volume 31, Issue 7
Defendant was arrested for several offenses, including on suspicion of first-degree murder. The State filed notice that "for any charge for which the grand jury retur... view full summary | | 9. | Court reinstates district court ruling allowing evidence under art. 412.2. State v. Bobby Parker, 2023-K-00367 (La. 07/14/2023) [2 pp.] From LSCR Volume 31, Issue 7
Defendant was charged in December 2021 with three counts of aggravated rape and three
counts of aggravated kidnapping for three alleged incidents that occurred on May 1... view full summary |
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