Archive of LSCR Articles
Showing entire archive, newest articles first. Articles date back to September 2001. | Jump to a direct Volume/Issue
|
| CIVIL PROCEDURE
| | 1. | Class action was appropriate vehicle for resolution of claims by insured patients against healthcare provider under Balance Billing Act.
Prentiss Baker v. PHC-Minden, L.P., 2014-C-2243 (La. 05/05/15) [26 pp.]
From LSCR Volume 23, Issue 5 Plaintiffs filed this class action proceeding alleging defendant, d/b/a Minden Medical Center,
engaged in unlawful billi... view full summary | | PROPERTY
| | 2. | Plaintiff who used neighbor's property with permission, even if only implied, was precarious possessor who acquired no rights by acquisitive prescription.
John Boudreaux v. Paul Cummings, 2014-C-1499 (La. 05/05/15) [26 pp.]
From LSCR Volume 23, Issue 5 Plaintiff sued defendant for recognition of a predial servitude/right of way by virtue of acquisitive
prescription and a permanent inj... view full summary | | WORKERS' COMPENSATION
| | 3. | Employers entitled to tort immunity against suits for noise induced hearing loss.
James Arrant v. Graphic Packaging International, Inc., 2013-C-2878 c/w 2013-C-2981 (La. 05/05/15) [41 pp.]
From LSCR Volume 23, Issue 5 Plaintiffs in these seven consolidated cases were current or former employees of the West Monroe
facility, which included a paper mill... view full summary | | DOMESTIC RELATIONS
| | 4. | Income of child's biological father should be taken into consideration in support action against legally presumed father.
State of Louisiana, Department of Children and Family Services, in the Interest of A.L. v. Thomas Lowrie, 2014-CC-1025 (La. 05/05/15) [28 pp.]
From LSCR Volume 23, Issue 5 In December 2002 Thomas Lowrie married Melissa Lowrie. She gave birth to A.L. in February 2003
and to B.W. in May 2009. In Octo... view full summary | | CRIMINAL
| | 5. | Retroactive application of DNA exception to prescription of criminal charges violated Ex Post Facto Clauses, as did retroactive application of chemical castration statute.
State Ex Rel. Herbert Nicholson v. State, 2013-KH-0072 (La. 05/05/15) [7 pp.]
From LSCR Volume 23, Issue 5 More than a decade after investigating two separate attacks on women in 1991 and 1994, Orleans
Parish law enforcement authorities test... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 6. | On second charge for failing to timely file financial statement, justice of the peace's actions were willful and knowing.
In Re: Justice of the Peace Kevin J. Hoffman, 2014-O-2623 (La. 04/10/15) [7 pp.]
From LSCR Volume 23, Issue 4 Supreme Court Rule XXXIX requires judges and justices of the peace to file annual financial
disclosure statements by May... view full summary | | CIVIL PROCEDURE
| | 7. | Defendants not entitled to summary judgment on issue of whether asset transfers were made for the purpose of avoiding liability to plaintiff.
Marla Whittington v. Hospice Care Services of Louisiana, LLC, 2014-C-2613 (La. 04/17/15) [1 p.]
From LSCR Volume 23, Issue 4 In 2007, plaintiff filed a claim against her employer, Hospice Care Services of Louisiana, LLC,
alleging she was fired because she had... view full summary | | MEDICAL MALPRACTICE
| | 8. | Verdict for defendant reversed where district court erred in not allowing testimony of plaintiffs' expert.
Robert Thomas McGregor v. Hospice Care of Louisiana in Baton Rouge, LLC, 2014-C-2591 (La. 04/24/15) [2 pp.]
From LSCR Volume 23, Issue 4 In April 2002, Donald McGregor, who had terminal metastatic prostate cancer, was unable to travel
to his doctor's office any longer an... view full summary | | WORKERS' COMPENSATION
| | 9. | Employer entitled to summary judgment in tort suit where plaintiff's injuries were not inevitable result of employer's failure to destroy defective gas cylinder.
Truman Stanley, III v. Airgas-Southwest, Inc., 2015-CC-0274 (La. 04/24/15) [7 pp.]
From LSCR Volume 23, Issue 4 Plaintiff was employed by Airgas-Southwest, Inc., a company engaged in the business of filling and
re-filling gas cylinders. He was in... view full summary | | STATE AND LOCAL GOVERNMENT
| | 10. | Court of appeal erred in requiring plaintiff to submit resolution into record when Bond Validation Act contained no such requirement.
Louisiana Local Governmental Facilities v. All Taxpayers, 2015-C-0417 (La. 04/17/15) [2 pp.]
From LSCR Volume 23, Issue 4 Pursuant to the Bond Validation Act, La. R.S. Section 13:5121, et seq., plaintiff filed a motion for
judgment validati... view full summary | | CRIMINAL
| | 11. | Court reverses retroactive application of Miller v. Alabama in case in which defendant had been resentenced and released.
State v. Mark Smith, 2013-OK-1125 (La. 03/27/15) [2 pp.]
From LSCR Volume 23, Issue 4 Defendant was sentenced to life imprisonment without parole eligibility based on acts committed
when he was a juvenile. He moved to co... view full summary | | 12. | Under unique circumstances, defendant was entitled to raise on collateral review the issue of ineffective assistance of counsel at habitual offender proceeding.
State v. Alphonse Moore, 2014-KP-1282 (La. 03/27/15) [2 pp.]
From LSCR Volume 23, Issue 4 Defendant was convicted of armed robbery, found to be a second felony offender, and sentenced to
forty-nine years and six months of im... view full summary |
View next 12 articles
|