| CONTRACTS
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| 1. | Lessors could terminate lease without including formal notice of cure period in default letters.
Kenneth H. Lobell v. Cindy Ann Rosenberg, 2015-C-0247 (La. 10/14/15) [14 pp.]
From LSCR Volume 23, Issue 10 By agreement dated January 25, 1957, Simon and Herman H. Rosenberg leased property located at
2025 Canal Street in New Orleans to Eagl... view full summary |
| MEDICAL MALPRACTICE
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| 2. | Terminated law firm entitled to portion of fee from medical malpractice plaintiffs' settlement with PCF only two months after firm's termination.
W. Carl Reynolds, P.C. v. Marjorie A. McKeithen, 2015-C-1122 (La. 10/09/15) [2 pp.]
From LSCR Volume 23, Issue 10 In November 1996 Stephen and Cindy Phares hired W. Carl Reynolds, a Georgia attorney, and his
firm, Reynolds, McArthur & Horne (th... view full summary |
| CIVIL PROCEDURE
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| 3. | District court could not declare statute unconstitutional at hearing on preliminary injunction.
Janice Herbert Barber v. Louisiana Workforce Commission, 2015-CA-1700 (La. 10/09/15) [2 pp.]
From LSCR Volume 23, Issue 10 Plaintiffs challenged certain provisions of the medical treatment schedule contained in Louisiana's
Workers' Compensation Act, seeking... view full summary |
| 4. | Lis pendens prevented plaintiffs from pursuing claims presented in pending class actions from which they had not opted out.
Thelma Aisola v. Louisiana Citizens Property Ins. Corp., 2014-CC-1708 (La. 10/14/15) [10 pp.]
From LSCR Volume 23, Issue 10 Plaintiffs were residents and homeowners in St. Bernard Parish whose properties were insured by
defendant when Hurricane Katrina struc... view full summary |
| PROPERTY
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| 5. | Lessors of mineral rights who sold their interests to lessees for sum far less than actual value had no cause of action against lessees.
John C. McCarthy v. Evolution Petroleum Corp., 2014-C-2607 (La. 10/14/15) [26 pp.]
From LSCR Volume 23, Issue 10 Plaintiffs were successors-in-interest to mineral rights within the Delhi Field Unit, located in
Richland Parish. The mine... view full summary |
| 6. | Counsel for foreclosing lender entitled to summary judgment in debtor's Section 1983 claim against counsel for misuse of executory process.
The Bank of New York Mellon v. Whitney Blaine Smith, 2015-C-0530 (La. 10/14/15) [13 pp.]
From LSCR Volume 23, Issue 10 Whitney and Pamela Smith entered into a residential mortgage contract with Saxon Mortgage
Services. The mortgage was secur... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 7. | City could not divest retired employee of right to participate in City's health plan by retroactive amendment of ordinance.
Dean Born v. City of Slidell, 2015-C-0136 (La. 10/14/15) [19 pp.]
From LSCR Volume 23, Issue 10 Plaintiff was employed by the City of Slidell from 1983 through his retirement at the age of sixty on
August 1, 2008. When he retired ... view full summary |
| 8. | State retirement system had mandatory authority to reduce retirement benefits to former Southern University president.
Dr. Ralph Slaughter v. Louisiana State Employees' Retirement System, 2015-C-0324 (La. 10/14/15)
From LSCR Volume 23, Issue 10 In 2009 plaintiff retired as president of Southern University System. The Louisiana State Employees'
Retirement System (LASERS) began ... view full summary |
| DOMESTIC RELATIONS
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| 9. | Child support payor could utilize Louisiana's IV-D program although he was not delinquent on payments or in need of assistance.
Joseph E. Boudreaux, II v. Jennifer Boudreaux, 2015-C-0536 (La. 10/14/15) [29 pp.]
From LSCR Volume 23, Issue 10 Joseph and Jennifer Boudreaux were married in 1997, and two children were born during their
marriage. In June 2011 they ... view full summary |
| CRIMINAL
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| 10. | Defendant's waiver of jury trial was knowing and intelligent, despite lack of recorded colloquy with district court.
State v. Reginald Spurlock, 2015-KK-1173 (La. 09/25/15) [5 pp.]
From LSCR Volume 23, Issue 10 Following his bench trial conviction, defendant challenged his waiver of his right to a trial by jury.
Defense counsel had waived defe... view full summary |
| 11. | Defendant failed to meet his burden in post-conviction application for relief and had exhausted his right to state collateral review.
State v. Anthony Tillman, 2015-KP-0635 (La. 09/25/15) [9 pp.]
From LSCR Volume 23, Issue 10 In October 2009 defendant was charged with second-degree murder in the death of Saneria Johnson
and first-degree feticide. In Septembe... view full summary |
| 12. | Expiration of time for adjudication in juvenile court did not affect State's ability to charge juvenile in district court based on same conduct.
State v. Terrance Roberson, 2014-CK-1996 (La. 10/14/15) [12 pp.]
From LSCR Volume 23, Issue 10 Defendant was charged with armed robbery and attempted second-degree murder for offenses that
allegedly occurred in May 2012 when he w... view full summary |