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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| CRIMINAL
| | 1. | Lower courts erred in denying post-conviction request for DNA testing.
State v. Almetric Debrow, 2013-KP-1814 (La. 05/23/14) [1 p.]
From LSCR Volume 22, Issue 6 Defendant was convicted of attempted armed robbery. The State's case rested on identification
testimony, and defendant pre... view full summary | | 2. | Blood alcohol test on unconscious defendant was reasonable, given collective knowledge of law enforcement investigating fatal car accident.
State v. Marcus Weber, 2013-K-1851 (La. 05/30/14) [6 pp.]
From LSCR Volume 22, Issue 6 Defendant was in a truck with two other people when it collided with another vehicle, killing the
driver of the other vehicle. After d... view full summary | | 3. | Federal crime of bringing in and harboring certain aliens could not serve as basis for fourth felony offender adjudication.
State v. Frankie Baskin, 2013-KO-2747 (La. 06/13/14) [1 p.]
From LSCR Volume 22, Issue 6 The district court sentenced defendant as a fourth felony offender for purposes of La. R.S. Section
15:529.1, based in ... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 4. | Court rejects sanction recommended against judge.
In Re Hon. Janice Gartrell Clark, 2014-O-0188 (La. 05/07/14) [16 pp.]
From LSCR Volume 22, Issue 5 This matter involved charges against Judge Janice Clark of the 19th JDC. The complaints forming
the basis of the charges were made by ... view full summary | | TORTS
| | 5. | One-year time period for bringing a survival action under art. 2315.1 is prescriptive, not peremptive.
Patricia Watkins v. Exxon Mobil Corporation, 2013-CC-1545 (La. 05/07/14) [17 pp.]
From LSCR Volume 22, Issue 5 James Hicks died in 1986. In 2011, his daughter filed a survival action pursuant to La. Civ. Code art.
2315.1 and a wrongful death act... view full summary | | INSURANCE
| | 6. | Under medical pay provision of auto policy, plaintiff was entitled to recover only discounted amount of hospital bill negotiated by health insurer.
Ashley Hoffman v. Travelers Indemnity Company of America, 2013-CC-1575 (La. 05/07/14) [13 pp.]
From LSCR Volume 22, Issue 5 Plaintiff was insured under an automobile insurance policy issued by defendant and a health
insurance policy issued by AE... view full summary | | MEDICAL MALPRACTICE
| | 7. | Partial summary judgment against physician on causation was not binding against PCF in plaintiff's claim for damages exceeding $100,000 cap.
Majdi Khammash v. John E. Clark, M.D., 2013-C-1564 c/w 2013-C-1736 (La. 05/07/14) [22 pp.]
From LSCR Volume 22, Issue 5 Plaintiff injured his back and was treated by Dr. John Clark and, in his absence, Dr. Gray Barrow.
He filed suit against several defen... view full summary | | DOMESTIC RELATIONS
| | 8. | 22ND JDC's family court had jurisdiction over partition of separate property of divorcing couple.
Lange Walker Allen, II v. Susan Taylor Allen, 2013-CC-2778 (La. 05/07/14) [12 pp.]
From LSCR Volume 22, Issue 5 Before their marriage, Mr. and Mrs. Allen entered into an agreement establishing a separate property
regime. Mr. Allen filed a petitio... view full summary | | WORKERS' COMPENSATION
| | 9. | OWC's medical treatment schedule applied to treatment sought by claimant although her injury pre-dated effective date.
Church Mutual Insurance Company v. Thelma Dardar, 2013-C-2351 (La. 05/07/14) [26 pp.]
From LSCR Volume 22, Issue 5 Thelma Dardar injured her back in a work-related accident in 1999 while employed by Trinity United
Methodist Preschool. In 2008, she s... view full summary | | 10. | Medical treatment schedule also applied in related case.
Callie Ann Cook v. Family Care Services, Inc., 2013-CC-2326 (La. 05/07/14) [5 pp.]
From LSCR Volume 22, Issue 5 In this related case, claimant injured her back while working for Family Care Services, Inc. in 2006.
She underwent surgery in 2007 an... view full summary | | PROPERTY
| | 11. | City substantially complied with requirements for notice to owner of blighted, unoccupied property.
City of New Orleans v. Kevin M. Dupart, 2014-C-0617 (La. 05/02/14) [3 pp.]
From LSCR Volume 22, Issue 5 Defendant owned unoccupied property in New Orleans. By certified mail, the City sent him notice
of an administrative hearing to addres... view full summary | | 12. | Plaintiff had not pled petitory action and was entitled to have possessory action heard.
On Leong Chinese Merchants Association v. AKM Acquisitions, LLC, 2014-C-0533 (La. 05/02/14) [2 pp.]
From LSCR Volume 22, Issue 5 Plaintiff, a Louisiana non-profit corporation, filed a "Petition for Possessory Action Relief and
Damages" against defenda... view full summary |
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