| CIVIL PROCEDURE
|
| 1. | Court clarifies doctrine of waiver of abandonment based on post-abandonment acts of defendant.
Foundation Elevation & Repair, LLC v. Kenneth Miller, 2024-C-00810 (La. 05/09/2025) [10 pp.]
From LSCR Volume 33, Issue 5
In 2010 defendants hired plaintiff to perform elevation and foundation work at their home.
In 2012, after defendants fired plaintiff, ... view full summary |
| EVIDENCE
|
| 2. | District court abused discretion in excluding surveillance evidence without inspecting it.
Bradley Day v. Elvis Dean Thompson, 2024-C-00802 (La. 05/09/2025) [24 pp.]
From LSCR Volume 33, Issue 5
This case arose from a motor vehicle accident. Defendant Elvis Dean Thompson was
operating an 18-wheeler on Interstate 210 in Calcasieu Parish when he rear-... view full summary |
| CONTRACTS
|
| 3. | Existence of contract precluded claims for negligent professional undertaking and unjust enrichment.
H&O Investments, LLC v. Parish of Jefferson, 2025-CC-00086 (La. 05/20/2025) [4 pp.]
From LSCR Volume 33, Issue 5
Jefferson Parish entered into a contract with plaintiff for cutting grass and vegetation on
certain parish property, including canals and levees. A differe... view full summary |
| 4. | District court erred in asking jury to apportion damages in breach of contract case.
CDW Services, LLC v. New Bridge Partners, LLC (La. 05/20/2025) [3 pp.]
From LSCR Volume 33, Issue 5
Plaintiff and defendant filed claims against each other for breach of contract. The jury found
defendant did not breach any contractual obligations but that plaintiff d... view full summary |
| PROPERTY
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| 5. | Prescription had run on violation of subdivision regulations.
James McCormick, DDS v. Joe E. "Butch" Ford, Jr., 2022-C-01007 (La. 05/09/2025) [9 pp.]
From LSCR Volume 33, Issue 5
This case concerned a subdivision of property in Bossier Parish that did not meet parish
regulations. When a larger tract of property is divided into sma... view full summary |
| CIVIL PROCEDURE
|
| 6. | Court reinstates OMV suspension of commercial driver's license after finding traffic stop valid.
Theophilus Roland, Jr. Louisiana Department of Public Safety and Corrections, 2024-C-00865 (La.05/09/2025) [11 pp.]
From LSCR Volume 33, Issue 5
Petitioner was operating a Polaris Slingshot three-wheel vehicle when he was pulled over by
Louisiana State Trooper Trevor Blanchard. According to Trooper Blanchard, pl... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 7. | Claim for declaratory relief against OMV was not prescribed.
Loren Balthazor v. State of Louisiana, 2025-C-00098 (La. 05/20/2025) [3 pp.]
From LSCR Volume 33, Issue 5
Plaintiff purchased a vehicle at a public auction and was assigned ownership and title. "Certificate of Destruction" was stamped on the title. When p... view full summary |
| JUVENILE
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| 8. | Juvenile entitled to suppression of gun and drugs because officer did not have reasonable suspicion to stop him.
State v. KB, 2024-CK-00491 (La. 05/09/2025) [27 pp.]
From LSCR Volume 33, Issue 5
On a Saturday night in October 2023, Lt. Steven Verrett, a 21-year veteran of the Gretna
Police Department, was patrolling in his marked unit aft... view full summary |
| EVIDENCE
|
| 9. | District court abused its discretion in allowing defendant only 29 days to file counseled post-conviction brief in death penalty case.
State v. Darrell Dewayne Draughn, 2025-KD-00505 (La. 04/28/2025) [9 pp.]
From LSCR Volume 33, Issue 5
In 2003 defendant was convicted of the first-degree murder of Loretta White in 2000. The
district court sentenced defendant to death in accordance with the jury's v... view full summary |
| CRIMINAL
|
| 10. | Court remands for district court to consider case holding defendant was entitled to jury charge allowing acquittal by ten of twelve jurors.
State v. Ira R. Toney, Jr., 2024-KK-01266 (La. 05/06/2025) [2 pp.]
From LSCR Volume 33, Issue 5
The indictment here was based on alleged conduct by defendant in 2015 and 2016. He was
charged with, inter alia, indecent behavior with a juvenile, sexual battery on a ... view full summary |
| 11. | Prosecutors may not join capital felony charges with other felony charges.
State v. Davieontray Lee Breaux, 2024-KK-00737 (La. 05/09/2025) [20 pp.]
From LSCR Volume 33, Issue 5
Defendant was indicted on two counts of first-degree murder and three counts of attempted
first-degree murder stemming from an April 2022 incident when he all... view full summary |