| TORTS
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| 1. | Louisiana does not recognize cause of action for negligent spoliation of evidence.
Richard Reynolds v. Robert Bordelon, III, 2014-C-2362 (La. 06/30/15) [18 pp.]
From LSCR Volume 23, Issue 7 Plaintiff sustained injuries in a multi-vehicle accident in St. Tammany Parish and filed suit against
another driver. He also asserted... view full summary |
| 2. | Auto manufacturer entitled to summary judgment as to defective airbag claim where plaintiff failed to meet his burden.
Richard Reynolds v. Robert Bordelon, III, 2014-C-2371 (La. 06/30/15) [14 pp.]
From LSCR Volume 23, Issue 7 In a companion appeal to the one discussed above, plaintiff sought relief from the district court's
grant of summary judgment to ... view full summary |
| PROPERTY
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| 3. | Statute governing procedure for closing private railroad crossings did not effect unconstitutional taking of railroad's property.
R.T. Faulk III v. Union Pacific Railroad Co., 2014-CQ-1598 (La. 06/30/15) [34 pp.]
From LSCR Volume 23, Issue 7 In the late 1880s the predecessors of Union Pacific Railroad Company acquired the right to build a
railroad over certain property in O... view full summary |
| CIVIL PROCEDURE
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| 4. | Plaintiffs challenging camera ticket hearing procedure not entitled to permanent injunction on summary judgment because they failed to follow summary judgment procedure.
Lee Rand v. City of New Orleans, 2014-CA-2506 (La. 06/30/15) [8 pp.]
From LSCR Volume 23, Issue 7 In 2007 the City of New Orleans enacted a group of ordinances that created the Automated Traffic
Enforcement System (ATES), including ... view full summary |
| 5. | Amount of settlement with dismissed defendants not counted in valuation of amount in dispute for jurisdictional purposes in city court.
Holly Swayze v. State Farm Mutual Automobile Ins. Co., 2014-C-1899 (La. 06/30/15) [17 pp.]
From LSCR Volume 23, Issue 7 Plaintiff sustained neck and back injuries when she was involved in an auto accident with Brittany
Miles. Plaintiff sued Miles and her... view full summary |
| 6. | Demand for class action dismissed for failure to meet ninety-day deadline to move for class certification.
Michael Riley v. Robin Keegan, 2015-CC-1388 (La. 07/22/15) [1 p.]
From LSCR Volume 23, Issue 7 Plaintiffs filed this purported class action but did not move to certify the class until two hundred and
sixty days after service ... view full summary |
| CONSTITUTIONAL LAW
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| 7. | Act 1 of 2012, providing for teacher termination proceedings, not unconstitutional on its face.
Kasha Lapointe v. Vermillion Parish School Board, 2015-CA-0432 (La. 06/30/15) [19 pp.]
From LSCR Volume 23, Issue 7 Plaintiff was employed as a public school teacher by the Vermillion Parish School Board. She
received notice of a due pr... view full summary |
| 8. | Challenge to Louisiana laws prohibiting same-sex marriage moot in light of decision by U.S. Supreme Court and relief granted by federal court.
Angela Marie Costanza v. James Caldwell, 2014-CA-2090 (La. 07/07/15) [12 pp.]
From LSCR Volume 23, Issue 7 Plaintiffs challenged the constitutionality of La. Const. Art. XII, Section 15; La. Civ. Code arts. 86, 89, and
3520(B); and Revenue... view full summary |
| JUVENILE
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| 9. | Because incest charges against juvenile did not require that he register as a sex offender, he was not obligated to comply with sex offender identification statutes.
State in the Interest of K.L.A., 2014-CK-1410 (La. 06/30/15) [10 pp.]
From LSCR Volume 23, Issue 7 A delinquency petition was filed against K.L.A. in March 2012, charging him with a violation of La
R.S. Section 14:78.1(B)(2), aggrava... view full summary |
| CRIMINAL
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| 10. | Court affirms reversal of manslaughter conviction in light of State's failure to present any medical expert to testify about victim's cause of death.
State v. Willie James Robertson, 2014-E-0945 (La. 06/30/15) [8 pp.]
From LSCR Volume 23, Issue 7 In 1999 an eighty-six-year-old woman was found dead on the floor of her kitchen, with three plastic
grocery bags lying just beyond rea... view full summary |
| 11. | Other crimes evidence should not have been allowed given complete lack of evidence from State that defendant committed the other crimes.
State v. Tyrone Daniel, 2015-KK-1312 (La. 07/08/15) [3 pp.]
From LSCR Volume 23, Issue 7 In this homicide case, the district court denied defendant's motion for continuance and ruled that the
State would be allowed to intro... view full summary |
| 12. | Inculpatory statements suppressed in light of clear Miranda violation.
State v. Gretchen Caston, 2015-KK-1348 (La. 07/11/15) [4 pp.]
From LSCR Volume 23, Issue 7 Defendant was arrested by officers for allegedly shoplifting. An assisting officer then arrived at the
scene and questioned defendant.... view full summary |