| TORTS
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| 1. | Summary judgment on liability based on res ipsa loquitur was improper.
Angelina Cantuba v. The American Bureau of Shipping, 2016-CC-0081 (La. 03/24/16) [1 p.]
From LSCR Volume 24, Issue 4 This protracted litigation was instituted by relatives and personal representatives of Greek and
Filipino seamen who were ... view full summary |
| CIVIL PROCEDURE
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| 2. | Summary judgment declaring parish ordinance unconstitutional was vacated for lack of notice to attorney general.
Michael Mudge v. Plaquemines Parish Council, 2016-CA-0587 (La. 04/22/16) [2 pp.]
From LSCR Volume 24, Issue 4 NOLA Oil Terminal applied to the Plaquemines Parish Department of Permits for a permit to build
an oil storage terminal. Despite oppos... view full summary |
| PROPERTY
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| 3. | Plaintiff entitled to opportunity to amend petition for possessory action to cure defect raised by exception of no cause of action.
On Leong Chinese Merchants Association v. AKM Acquisitions, LLC, 2016-C-0133 (La. 04/08/16) [1 p.]
From LSCR Volume 24, Issue 4 Plaintiff, a Louisiana non-profit corporation, filed a petition for possessory action against defendants,
alleging that plaintiff was ... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 4. | Court reinstates denial of preliminary injunction aimed at preventing city from accepting lowest bid in street paving contract.
Durr Heavy Construction, LLC v. City of New Orleans, 2016-C-609 (La. 04/15/16) [7 pp.]
From LSCR Volume 24, Issue 4 In March 2015 the City of New Orleans issued an invitation to bid on a public work for the paving
of streets in Lakeview pursuant to t... view full summary |
| CRIMINAL
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| 5. | Court of appeal erred in reversing conviction based on unsworn comments by unidentified juror about extraneous prejudicial information received by jury, but district court should conduct hearing about whether and how jurors obtained the information.
State v. Latracus Henry, 2015-K-2300 (La. 03/24/16) [1 p.]
From LSCR Volume 24, Issue 4 Defendant originally was charged with possession of a firearm as a convicted felon, as well as with
the second degree murder of Dana S... view full summary |
| 6. | Officers who entered an open side gate and knocked on side door were not trespassing, and a later obtained search warrant was not tainted by an unconstitutional search.
State v. Charles Hilton, 2016-KK-0325 (La. 03/24/16) [6 pp.]
From LSCR Volume 24, Issue 4 Police officers investigated a Crimestoppers' tip of narcotics activity at a building in a residential
neighborhood. When they got to ... view full summary |
| 7. | Circumstances warranted revelation of identity of confidential informant to defendant.
State v. James J. Lewis, 2015-KK-2256 (La. 04/04/16) [4 pp.]
From LSCR Volume 24, Issue 4 Defendant was charged with distributing heroin based on information from a confidential informant.
In a transaction not observed direc... view full summary |
| 8. | In response to capital defendant's multiple ex parte motions and requests to seal records, district court must determine if disclosure of each item would be fundamentally unfair and issue written, transcribed reasons.
State v. David Brown, 2016-KK-0274 (La. 04/22/16) [5 pp.]
From LSCR Volume 24, Issue 4 In this capital case defendant had filed several contradictory motions and subpoena requests ex parte
in the district court, and the di... view full summary |
| BAR / DISCIPLINARY / ETHICS
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| 9. | Justice of the peace removed from office for violations of Code of Judicial Conduct in handling peace bond matters.
In Re: Justice of the Peace Leroy J. Laiche, 2015-O-1691 (La. 03/15/16) [40 pp.]
From LSCR Volume 24, Issue 3 Respondent, an attorney admitted to practice law in Louisiana since 1989, assumed the office of
Ascension Parish Second Justice of the... view full summary |
| MEDICAL MALPRACTICE
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| 10. | Faxed requests for review of malpractice claim deemed filed on date that they are received by fax in office of DOA, even if not stamped and certified by DOA until the following day.
In Re: Medical Review Panel Claim of Rose Tillman, 2015-CC-1114 c/w In Re: Medical Review Panel Claim of Peighton Miller, 2015-CC-1263 (La. 03/15/16) [22 pp.]
From LSCR Volume 24, Issue 3 Louisiana's Medical Malpractice Act directs that a request for review of a malpractice claim "shall
be deemed filed on the date of rec... view full summary |
| 11. | Allegation that defendant hospital failed to properly maintain equipment used in sterilization process fell under MMA.
Richard Dupuy v. NMC Operating Co., LLC d/b/a The Spine Surgery Hospital of Louisiana, 2015-CC- 1754 (La. 03/15/16) [16 pp.]
From LSCR Volume 24, Issue 3 Plaintiffs, Mr. and Mrs. Dupuy, filed suit against the defendant hospital seeking damages as a result
of Mr. Dupuy's alleged develop... view full summary |
| TAXATION
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| 12. | Court upholds regulation extending tax exemption to materials used to reconstruct vessel destroyed by fire.
Coastal Drilling Company, LLC v. Barry J. Dufrene, 2015-C-1793 (La. 03/15/16) [22 pp.]
From LSCR Volume 24, Issue 3 Plaintiff owns an inland marine drilling barge that caught fire in St. Mary Parish. The fire burned for
thirteen hours and caused exte... view full summary |