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Showing results for LSCR volume 33 LSCR issue 12
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BAR / DISCIPLINARY / ETHICS

1.East Baton Rouge Parish judge removed from office.
In re: Judge East Tiffany Foxworth-Roberts, 2025-O-01127 (La. 12/11/2025) [28 pp.]
From LSCR Volume 33, Issue 12
     This matter came before the Court on the recommendation of the Judiciary Commission of Louisiana that Judge Tiffany Foxworth-Roberts of the 19th Judicial District Court... view full summary
2.15th Judicial District Court judge suspended.
In re: Judge Royale Colbert, 2025-O-00994 (La. 12/11/2025) [22 pp.]
From LSCR Volume 33, Issue 12
     This matter came before the Court on the recommendation of the Judiciary Commission of Louisiana that Judge Royale Colbert of the 15th Judicial District Court be suspen... view full summary
CONTRACTS

3.Plaintiff entitled to legal interest on contingency fee deposited into registry of court.
Kaster, Lynch, Farrar & Ball, LLP v. Meeks & Associates, LLC, 2025-C-1209 (La. 12/16/2025) [3 pp.]
From LSCR Volume 33, Issue 12
     Plaintiff and defendant executed a co-counsel agreement whereby plaintiff agreed to provide legal assistance to defendant in exchange for 75% of the contingency fee in ... view full summary
TORTS

4.Three-year prescriptive period applied to company whose alleged negligence caused sexual assault.
David Rodney Elliot v. The Arc of the United States, Inc., 2025-CC-01059 (La. 11/25/2025) [5 pp.]
From LSCR Volume 33, Issue 12
     Plaintiff filed suit in January 2020 on behalf of an intellectually disabled woman, alleging she was sexually assaulted by a bus driver for the Association of Retarded ... view full summary
5.Court reinstates district court judgment awarding plaintiff damages from faulty oil change.
Ja'Quarrius Ignont v. Rick Breen d/b/a Breen's Rapid Lube, 2025-C-01230 (La. 12/16/2025) [2 pp.]
From LSCR Volume 33, Issue 12
     Plaintiff filed suit in Monroe City Court asserting negligence claims in connection with an alleged faulty oil change that resulted in damage to his vehicle. He als... view full summary
6.Tortfeasor not entitled to betterment deduction from cost of third-party's car repair.
Ngoc Troung v. Marcus Dewayne Sanders, 2025-C-00169 (La. 12/18/2025) [19 pp.]
From LSCR Volume 33, Issue 12
     In January 2023 plaintiff was driving his 2019 Honda CRV when Marcus Sanders rear-ended him. Old American Indemnity Company insured Sanders. It took about a month and a h... view full summary
7.Despite language in judgment, tort plaintiff entitled to interest from date of judicial demand.
Evangelina Bilalis v. Wallace Drennan, 2025-C-00453 (La. 12/18/2025) [13 pp.]
From LSCR Volume 33, Issue 12
     On December 22, 2020, plaintiff filed a petition for damages alleging she sustained injuries in an automobile accident when defendant rear-ended her. Plaintiff sought ... view full summary
8.No abuse of discretion in refusing to stay claim under Louisiana's wrongful conviction compensation statute during pendency of federal civil rights action.
Dwayne Williams v. State of Louisiana, 2025-KK-00688 (La. 12/18/2025) [7 pp.]
From LSCR Volume 33, Issue 12
     Plaintiff brought this suit alleging he was wrongfully convicted and imprisoned and seeking compensation under La. R.S. 15:572.8. He also filed suit in federal distric... view full summary
CIVIL PROCEDURE

9.Writ application was timely under article 5059.
Succession of Garrett Joseph Claybourn, 2025-OC-01164 (La. 11/25/2025) [2 pp.]
From LSCR Volume 33, Issue 12
     The First Circuit dismissed defendant's writ application as untimely. The Court granted a supervisory writ and vacated the dismissal, finding the writ applic... view full summary
10.Discovery ruling against non-party was not appealable.
Barbara Sorenson v. Avenue Plaza Owners Association, 2025-CC-01506 (La. 12/08/2025) [5 pp.]
From LSCR Volume 33, Issue 12
     Plaintiffs filed suit against numerous defendants, including Allied Universal Manager, LLC. Plaintiffs noticed the deposition of Steve Jones, the chief executive officer ... view full summary
11.Entity claiming ownership of statue should have opportunity to amend petition.
Monuments and Markers, LLC v. City of New Orleans, 2025-C-01034 (La. 12/09/2025) [2 pp.]
From LSCR Volume 33, Issue 12
     Plaintiff filed this suit seeking possession and recognition of its ownership of a statue of General P.G.T. Beaureguard that the City of New Orleans remov... view full summary
WORKERS' COMPENSATION

12.Prescription on workers' compensation claim ran despite continued employment at same salary, but employer renounced prescription by paying benefits after prescription tolled.
Lealon Johnson v. AECOM Amentum Government Services, 2025-CC-00171 (La. 12/18/2025) [18 pp.]
From LSCR Volume 33, Issue 12
     Plaintiff was employed by defendant as a mechanic at Fort Polk. On June 12, 2020, he was injured during the course and scope of his employment when he tripped over the ... view full summary
PROPERTY

13.1939 reciprocal driveway servitude remained between New Orleans houses.
Louis V. Hose v. James Scott O'Connell, 2025-C-01158 (La. 11/25/2025) [3 pp.]
From LSCR Volume 33, Issue 12
     This case involves a dispute between neighbors over the use of a driveway in the approximately seven feet of space between the homes built at 6331 and 63... view full summary
SUCCESSIONS

14.Executrix had authority to sell immoveable property although trust prohibited her from doing so as trustee.
Succession of Carol James Aynond, Jr., 2025-C-01101 (La. 11/25/2025) [7 pp.]
From LSCR Volume 33, Issue 12
     Carol James Aymond, Jr., died testate in 2021. He divided his estate between his daughter Chantel and his younger daughter Delila, who was a minor. Aymond left a usufru... view full summary
15.Executrix likewise did not breach duty to trust.
Valentina v. Bryan v. Chantel G. Aymond, 2025-C-01103 (La. 11/25/2025) [6 pp.]
From LSCR Volume 33, Issue 12
     In this related case, the Court likewise found Chantel did not breach the duty she owed the trust or the prudent administrator standard. Because the trust had not been ... view full summary
DOMESTIC RELATIONS

16.District court failed to apply proper presumption to school decision by domiciliary parent.
Russell Maurice Brue v. Le Tu Tran Brue, 2025-CJ-01260 (La. 11/25/2025) [4 pp.]
From LSCR Volume 33, Issue 12
     In this domestic dispute the district court granted joint custody of two minor children to their parents. It designated defendant, their mother, as the domiciliary... view full summary
17.Court reinstates district court's community property determinations.
Darnelle Bordelon Arceneaux v. Bryan David Arceneaux, 2025-C-00836 (La. 12/09/2025) [2 pp.]
From LSCR Volume 33, Issue 12
     Plaintiff and defendant were married in 1987 and divorced in 2018. During their marriage they formed several companies, including Louisiana SW Transportation, I... view full summary
CRIMINAL

18.Defendant not entitled to suppress firearm abandoned in field.
State v. Tyron Burton, 2025-KK-00919 (La. 12/09/2025) [5 pp.]
From LSCR Volume 33, Issue 12
     While patrolling an area of New Orleans known as a location where stolen vehicles are found, officers spotted a vehicle with no license plate that matched a stolen vehi... view full summary
19.Court reinstates district court's safeguards during preliminary hearing on identification.
State v. Easton Deondre Shelvin, Jr., 2025-KK-00944 (La. 12/09/2025) [4 pp.]
From LSCR Volume 33, Issue 12
     Defendant moved to suppress a photo-identification lineup, and the district court granted the motion, finding the lineup was unduly suggestive. Defendant subse... view full summary
20.District court correctly denied motion to introduce statements about victim's past sexual conduct.
State v. Brittany Linn Estes, 2025-KK-01198 (La. 12/09/2025) [13 pp.]
From LSCR Volume 33, Issue 12
     In this criminal case defendant moved to introduce evidence of the victim's inconsistent statements about his past sexual activity. The district ... view full summary
21.Evidence of guns in his home was insufficient to convict defendant of gun possession by felon.
State v. Gerald Manchip White, 2024-K-01588 (La. 12/11/2025) [21 pp.]
From LSCR Volume 33, Issue 12
     Just three weeks after defendant was released on parole, a parole officer visited his home looking for another person. Defendant lived in the home with his wife, his d... view full summary
22.Officer had probable cause to stop man believed to be rolling marijuana cigarettes.
State v. Cole Meeks, 2025-KK-01511 (La. 12/10/2025) [3 pp.]
From LSCR Volume 33, Issue 12
     The district court granted defendant's motion to suppress, relying on State v. Davis, 359 So. 2d 986 (La. 1978), and ruling that officers lacked probable cause. The ... view full summary
23.Court denies State's writ application on merits of post-conviction relief and remands for bail hearing in district court.
Keith Ezidore v. Timothy Hooper, 2025-KP-01495 (La. 12/12/2025) [5 pp.]
From LSCR Volume 33, Issue 12
     In 1993 petitioner was convicted of second-degree murder in the stabbing death of Ralph Flowers and sentenced to life imprisonment at hard labor without benefit of paro... view full summary
24.Court remands appeal for full analysis of confrontation clause argument.
State v. Michael R. Shorts, Jr., 2025-K-00735 (La. 12/16/2025) [2 pp.]
From LSCR Volume 33, Issue 12
     Defendant was convicted of second-degree murder and obstruction of justice in connection with the shooting death of Emanuel Varnado in New Orleans in 2020. On appeal th... view full summary
25.State could hire private counsel in post-conviction proceedings.
State ex. rel. Darrell Draughn v. Darrel Vannoy, 2025-KD-01285 (La. 12/16/2025) [3 pp.]
From LSCR Volume 33, Issue 12
     In this post-conviction proceeding the Louisiana Attorney General hired private counsel to represent the warden and the State. Petitioner moved to disqualify private ... view full summary