Archive of LSCR Articles
Showing entire archive, newest articles first. Articles date back to September 2001. | Jump to a direct Volume/Issue
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| PROPERTY
| | 1. | Subsequent purchaser doctrine of Eagle Pipe did not apply to transfer of property through succession as opposed to sale.
Nellie Pierce v. Atlantic Richfield Co., 2014-C-1233 (La. 03/17/15) [4 pp.]
From LSCR Volume 23, Issue 3 This suit involved property in Vermillion Parish. In the mid-1970s Home Industry Disposal
Company, Inc. (HIDCO) began ... view full summary | | CRIMINAL
| | 2. | Life sentence for fifth felony offender convicted of possession of marijuana was unconstitutionally excessive.
State v. Anthony Daye, 2014-K-1191 (La. 02/27/15) [1 p.]
From LSCR Volume 23, Issue 3 Defendant was convicted of possession of marijuana, second offense. Because he was a fifth felony
offender, he was subject to a senten... view full summary | | 3. | Term "sexually assaultive behavior" in La. Code of Evid. art. 412.2 not limited to acts defined as sex offenses under Louisiana law.
State v. Gary Layton, 2014-KK-1910 (La. 03/17/15) [9 pp.]
From LSCR Volume 23, Issue 3 Defendant, charged with forcibly raping a woman in November 2013, entered a plea of not guilty.
In accordance with La. Code Evid. art.... view full summary | | 4. | In case involving theft of copper wire, court of appeal erred in substituting its own hypothesis of innocence for jury's verdict supported by DNA evidence.
State v. Wayne G. Taylor, 2014-K-0432 (La. 03/17/15) [14 pp.]
From LSCR Volume 23, Issue 3 The Plaquemines Parish Government owns a 341-acre site comprised of several building complexes
located close to the Orleans Paris... view full summary | | 5. | Evidence of statements made to treating physicians by domestic violence victim identifying defendant as her attacker was admissible at defendant's trial when victim was unavailable to testify.
State v. David Koederitz, 2014-KD-1526 (La. 03/17/15) [14 pp.]
From LSCR Volume 23, Issue 3 Defendant was charged with second degree battery and false imprisonment. The victim, his estranged
girlfriend and mother of his child,... view full summary | | 6. | Colloquy revealed that defendant's guilty plea was product of his reasonable misapprehension of an agreement or of mutual mistake.
State v. Darius Ducre, 2014-OK-1295 (La. 03/16/15) [2 pp.]
From LSCR Volume 23, Issue 3 The Court granted a supervisory writ in this matter to address issues arising from defendant's guilty
plea. During the plea colloquy, ... view full summary | | CONTRACTS
| | 7. | Arbitrator acted within the authority conferred upon him by the parties in awarding damages and considering employment records.
Mack Energy Co. v. Expert Oil and Gas, LLC, 2014-1127 (La. 01/28/15) [20 pp.]
From LSCR Volume 23, Issue 2 Plaintiffs, owners of an oilfield's mineral rights, entered into an agreement with defendant, an oilfield
operator. Defendant was auth... view full summary | | 8. | Even if arbitration panel had committed legal error in applying peremptive period, court was without basis to vacate arbitration award.
Crescent Property Partners, LLC v. American Manufacturers Mutual Insurance Company, 2014-C-0969 c/w 2014-C-0973 (La. 01/28/15) [18 pp.]
From LSCR Volume 23, Issue 2 Plaintiff, a property owner, contracted with Greystar Development and Construction, a builder, for
the construction of a mixed-use... view full summary | | TORTS
| | 9. | Defendant entitled to summary judgment where plaintiff produced no evidence that defendant's parking area was unreasonably dangerous; Broussard opinion did not preclude summary judgment.
Hazel Allen v. Hattie Lockwood, 2014-CC-1724 (La. 02/13/15) [6 pp.]
From LSCR Volume 23, Issue 2 The Wesley Chapel United Methodist Church sits in a small patch of partially cleared woods in rural
St. Helena Parish. Those attending... view full summary | | CIVIL PROCEDURE
| | 10. | Allegations of alleged father of child in wrongful death and survival actions were sufficient to put defendants on notice that filiation was an issue.
Marcus Miller v. Harold Thibaux, 2014-C-1107 (La. 01/28/15) [19 pp.]
From LSCR Volume 23, Issue 2 In March 2011, as six-year-old La'Derion Miller was attempting to board a school bus, his arm was
trapped in the school bus door, and ... view full summary | | STATE AND LOCAL GOVERNMENT
| | 11. | CFO of City of New Orleans had standing to sue pension fund trustees for breach of fiduciary duty.
New Orleans Fire Fighters Pension and Relief Fund v. The City of New Orleans, 2014-C-2224 (La. 02/13/15) [3 pp.]
From LSCR Volume 23, Issue 2 The Trustees of the New Orleans Firefighters Pension and Relief Fund filed a mandamus action to
compel the City of New Orleans t... view full summary | | CIVIL PROCEDURE
| | 12. | Ancillary venue doctrine made venue proper in East Baton Rouge Parish for claims under Jeansonne Act and LUTPA.
State v. Lynn Foret, M.D., 2014-C-2097 (La. 01/16/15) [2 pp.]
From LSCR Volume 23, Issue 1 The State brought suit against defendant in East Baton Rouge Parish based on the Sledge Jeansonne
Louisiana Insurance Fraud Prevention... view full summary |
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