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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| CONTRACTS
| | 1. | Forum selection clauses are not against public policy in Louisiana.
Shelter Mutual Insurance Company v. Rimkus Consulting Group, Inc., 2013-CC-1977 (La. 07/01/14) [29 pp.]
From LSCR Volume 22, Issue 7 Plaintiff retained defendant to provide engineering evaluations and expert witness services in
connection with litigation r... view full summary | | TORTS
| | 2. | City entitled to summary judgment in cracked sidewalk case.
Relius Jenkins v. Larry Anthony Doucet, 2014-CC-0879 (La. 06/30/14) [1 p.]
From LSCR Volume 22, Issue 7 Plaintiff sued the City of Baton Rouge and other defendants, alleging that he fell on a sidewalk due
to a crack or deviation and was i... view full summary | | INSURANCE
| | 3. | Reporting provision of claims-made-and-reported policy does not violate Direct Action Statute.
Joyce Gorman v. City of Opelousas, 2013-C-1734 (La. 07/01/14) [27 pp.]
From LSCR Volume 22, Issue 7 Brian Armstrong, an inmate at the Opelousas city jail, allegedly died as a result of being beaten by
two other inmates on Septembe... view full summary | | 4. | Plaintiff had private right of action against healthcare provider under Balance Billing Act.
Yana Anderson v. Ochsner Health Care System, 2013-CC-2970 (La. 07/01/14) [18 pp.]
From LSCR Volume 22, Issue 7 Plaintiff was injured in an automobile accident and treated at an Ochsner Health System facility. She
was insured by UnitedHealthcare.... view full summary | | 5. | Plaintiff had stated a cause of action against insurer for failure of healthcare provider to bill insured at negotiated rate.
Aaron Emigh v. West Calcasieu Cameron Hospital, 2013-CC-2985 (La. 07/01/14) [14 pp.]
From LSCR Volume 22, Issue 7 This claim is part of a putative class action against West Calcasieu Cameron Hospital (WCCH) and
several health insurers for violation... view full summary | | CIVIL PROCEDURE
| | 6. | Suspension of prescription under La. Civ. Proc. art. 596 applied despite removal of purported class action to federal court.
Tenesha Smith v. Transport Services Company of Illinois, 2013-CC-2788 (La. 07/01/14) [17 pp.]
From LSCR Volume 22, Issue 7 On August 7, 2002, a truck driver parked a tanker truck outside of his parents' home in New Orleans
as he ate dinner. The truck contai... view full summary | | CRIMINAL
| | 7. | Defendants who pled guilty as adults were required to register as sex offenders even though offenses occurred when they were younger than fourteen.
State v. I.C.S c/w State v. C.M.S., 2013-CK-1023 (La. 07/01/14) [24 pp.]
From LSCR Volume 22, Issue 7 Defendants C.M.S. and I.C.S. are brothers. When they were twelve and thirteen-years-old,
respectively, they committed offen... view full summary | | 8. | Felon-in-possession statute survived strict scrutiny analysis required by Louisiana constitutional amendment.
State v. Christopher Eberhardt, 2013-KK-2306 c/w State v. Jamal C. Taylor, 2014-KA-0209 (La. 07/01/14) [17 pp.]
From LSCR Volume 22, Issue 7 Prior to its amendment in 2012, La. Const. art. I, Section 11 provided, "The right of each citizen to keep
and bear arms shall not be ... view full summary | | 9. | Domestic abuse battery arrest and conviction could not be expunged under R.S. Section 44:9(A)(5)(b).
State v. Leonard Cardenas, III, 2013-C-2982 (La. 07/01/14) [13 pp.]
From LSCR Volume 22, Issue 7 In September 2006, the State charged defendant with domestic abuse battery arising from an incident
with his wife that occurred in the... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 10. | Justice of the peace suspended without pay for handling of small claims case.
In Re: Justice of the Peace Mary Foret, 2014-O-0526 (La. 05/23/14) [8 pp.]
From LSCR Volume 22, Issue 6 Before and while she presided over a small claims case, Lafourche Parish Justice of the Peace Mary
Foret engaged in numerous ex parte ... view full summary | | PROPERTY
| | 11. | Cash sale deed language limited interest sold in property.
Virgil Mason v. Exco Operating Company, 2014-C-426 (05/23/14) [5 pp.]
From LSCR Volume 22, Issue 6 Virgil Mason inherited from his father, Willis Mason, a 1/125 interest and a 1/880 interest in a piece
of immovable property. He then ... view full summary | | JUVENILE
| | 12. | Delinquency adjudication reinstated; juvenile had not complied with plea agreement requiring good faith effort to obtain vocational training.
State in the Interest of E.C., 2013-CK-2483 (La. 06/13/14) [19 pp.]
From LSCR Volume 22, Issue 6 By a petition of delinquency, defendant was charged with being a principal to second degree murder
and armed robbery when he was fourt... view full summary |
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