LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1404 through 1416
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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CONTRACTS

1.Court of appeal erred in awarding damages against individual defendants when it had concluded that corporate veil was not pierced.
William Norwood, M.D. v. Mobley Valve Services, Inc., 2014-C-1882 (La. 01/16/15) [1 p.]
From LSCR Volume 23, Issue 1

          This case involved plaintiffs' investment in a working interest in a mineral lease in DeSoto Parish. Mobley Valve Services, Inc. (MVS)... view full summary
STATE AND LOCAL GOVERNMENT

2.Lease of portable toilet with cleaning services was not a taxable service under Baton Rouge ordinance.
Pot-O-Gold Rentals, LLC v. City of Baton Rouge, 2014-C-2154 (La. 01/16/15) [4 pp.]
From LSCR Volume 23, Issue 1

          Plaintiff provided three different options to its customers: (1) the lease of portable toilets with no cleaning services included, (2)... view full summary
DOMESTIC RELATIONS

3.Louisiana court retained original jurisdiction under Uniform Child Custody Jurisdiction Enforcement Act.
Robin Wright Hiser v. Elliot Fell, 2014-CJ-2336 (La. 01/09/15) [1 p.]
From LSCR Volume 23, Issue 1

          This is a child custody dispute that began in 2007 when a mother filed a petition for custody of her minor daughter and for child supp... view full summary
JUVENILE

4.Mother's violation of voluntary safety plan not ordered by court was improper basis for finding children in need of care and removing them from her custody.
State of Louisiana in the interest of A.A., J.A., A.D., H.D., & J.D., 2014-CJ-2509 (La. 01/09/15) [5 pp.]
From LSCR Volume 23, Issue 1

          Applicant is the mother of the five children who are the subject of this proceeding. In light of allegations of child... view full summary
CRIMINAL

5.Defendant entitled to relief from life sentence imposed twenty years ago during gap in application of habitual offender provisions.
State v. Paul Leblanc, 2014-KP-0163 (La. 01/09/15) [5 pp.]
From LSCR Volume 23, Issue 1

          In this post-conviction proceeding, defendant challenged his sentence of life imprisonment, which was based on the habitual offender p... view full summary
BAR / DISCIPLINARY / ETHICS

6.18th JDC judge suspended without pay for thirty days.
In Re: Judge J. Robin Free, 2014-O-1828 (La. 12/9/14) [26 pp.]
From LSCR Volume 22, Issue 12

          This matter came before the Court after an investigation and recommendation by the Judiciary Commission concerning Judge ... view full summary
CIVIL PROCEDURE

7.Res judicata barred award of exemplary damages for plaintiff in hazardous exposure case based on jury determination in earlier litigation.
John Oleszkowicz v. Exxon Mobil Corporation, 2014-C-0256 (La. 12/09/14) [7 pp.]
From LSCR Volume 22, Issue 12

          In 2002, plaintiff was among a group that filed suit against Exxon in Lester v. Exxon Mobil Corp. seeking personal injury damages alleg... view full summary
8.Res judicata barred plaintiff's claim for punitive damages in hazardous exposure case based on settlement of prior litigation.
Dwayne Chauvin v. Exxon Mobil Corporation, 2014-CC-0808 (La. 12/09/14) [16 pp.]
From LSCR Volume 22, Issue 12

          As in the case above, plaintiff was among those who filed suit in the cumulated action Lester v. Exxon Mobil Corp. In Lester, plaintiff... view full summary
9.State agency was immune from suit for unjust enrichment, despite statutory language that it had power to sue and be sued.
Canal/Claiborne, Limited v. Stonehedge Development, LLC, 2014-C-0664 (La. 12/09/14) [29 pp.]
From LSCR Volume 22, Issue 12

          Plaintiff was the owner of property located at 1661 Canal Street in New Orleans. In 1995, it entered into a lease of the property ... view full summary
PROPERTY

10.Tax sale purchaser entitled to recover its costs from third party purchaser although tax sale was absolute nullity.
Mooring Tax Asset Group LLC v. Roderick A. James, 2014-C-0109 (La. 12/09/14) [14 pp.]
From LSCR Volume 22, Issue 12

          In 1997, Charles and Connie Brown purchased the property at 7047 Lake Willow Drive in New Orleans, and the sale was recorded in the Or... view full summary
WORKERS' COMPENSATION

11.Absent objection from plaintiff, defendant's attachments were admitted in support of motion for partial summary judgment.
Brett Bourque v. Transit Mix Concrete & Materials Co., 2014-C-1588 (La. 12/08/14) [5 pp.]
From LSCR Volume 22, Issue 12

          Defendant sustained injuries to his spine and underwent surgeries to alleviate his pain. In August 2011, he underwent a radio-frequenc... view full summary
JUVENILE

12.State's deadline to adjudicate case in juvenile court could not be extended by dismissing case and filing new petition.
State in the Interest of J.M., 2013-CK-2573 (La. 12/09/14) [11 pp.]
From LSCR Volume 22, Issue 12

          Defendant, a juvenile, was charged with simple battery and simple criminal damage to property. On February 25, 2013, she appeared to a... view full summary
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