| PROPERTY
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| 1. | Court affirmed reversal of $11 million judgment; deed was sufficiently specific to create mineral interest in favor of third party prior to plaintiffs' purchase of property; attorneys did not commit LUTPA violation.
Quality Environmental Processes, Inc. v. I.P. Petroleum Company, Inc., 2013-C-1582 c/w 2013-C-1588 c/w 2013-C-1703 (La. 05/07/14) [28 pp.]
From LSCR Volume 22, Issue 5 In 1992, Michael St. Martin and Virginia Rayne St. Martin purchased a tract of land in Terrebonne
Parish by act of cash sale. In the a... view full summary |
| TAXATION
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| 2. | Creation of Montana corporation to avoid sales tax on RV did not amount to tax evasion.
Robert L. Thomas v. Cynthia Bridges, 2013-C-1855 (La. 05/07/14) [16 pp.]
From LSCR Volume 22, Issue 5 In December 2007, plaintiff, a Louisiana resident, negotiated with Dixie RV Super Store in
Hammond for the purchase of a ... view full summary |
| CONSTITUTIONAL LAW
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| 3. | Defendant failed to meet his burden of proving that zoning ordinance's definition of "family" was unconstitutional.
City of Baton Rouge v. Stephen C. Myers, 2013-CA-2011 (La. 05/07/13) [30 pp.]
From LSCR Volume 22, Issue 5 The City of Baton Rouge/Parish of East Baton Rouge sought injunctive relief against defendant to
compel him to cease his alleged viola... view full summary |
| CRIMINAL
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| 4. | Statute criminalizing carrying illegal drugs while possessing a firearm did not violate right to bear arms granted by Louisiana Constitution.
State v. Rico Webb, 2013-KK-1681 (La. 05/07/14) [19 pp.]
From LSCR Volume 22, Issue 5 A traffic stop in New Orleans resulted in officers recovering a marijuana "blunt" from defendant's
back pack, as well as a handg... view full summary |
| 5. | Officer outside his jurisdiction had authority to detain defendant.
State v. John Emmitt Gates, 2013-KK-1422 (La. 05/07/14) [28 pp.]
From LSCR Volume 22, Issue 5 Officer Brian Bell of the Haughton Police Department was on duty and within city limits while
sitting in his patrol car at the interse... view full summary |
| 6. | Double jeopardy did not bar retrial of defendant where district court granted mistrial after acquitting defendant without authority to do so.
State v. Morris Davenport, 2013-KK-1859 (La. 05/07/14) [39 pp.]
From LSCR Volume 22, Issue 5 Defendant was charged with aggravated rape. At the jury trial, the State was required to prove that
the victim suffered from a mental ... view full summary |
| 7. | Court reinstated conviction based largely on circumstantial evidence of cell phone calls.
State v. Samuel Mack, Jr., 2013-K-1311 (La. 05/07/14) [18 pp.]
From LSCR Volume 22, Issue 5 A jury convicted defendant of being a principal to the murder of Mark Westbrook, who was executed
by a gun shot to the back of the hea... view full summary |
| TORTS
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| 8. | Testimony regarding minor's confession to priest was admissible; issue of whether priest should have reported sexual abuse of minor by adult parishioner was for factfinder.
Parents of Minor Child v. George J. Charlet, Jr., 2013-C-2978 (La. 04/04/14) [8 pp.]
From LSCR Volume 22, Issue 4 Plaintiffs alleged that in the summer of 2008, sixty-four year old George J. Charlet, Jr., a well-known
parishioner at Our Lady of... view full summary |
| 9. | Public park entitled to rely on Recreational Use Immunity Statute despite collection of nominal usage fees.
Tyron Eastwood v. Niblett's Bluff Park Authority, 2013-CC-2408 (La. 04/17/14) [1 p.]
From LSCR Volume 22, Issue 4 Plaintiffs claimed to have sustained injuries while at Niblett's Bluff Park in Calcasieu Parish. In
response, the Park filed a motion ... view full summary |
| 10. | Railroad and City entitled to summary judgment in wrongful death claim where decedent pedestrian could have looked for and seen oncoming train but instead crossed tracks without looking in either direction.
Donald Davis v. Canadian National Railway, 2013-C-2959 c/w 2013-C-2963 (La. 04/17/14) [3 pp.]
From LSCR Volume 22, Issue 4 Plaintiff's mother was killed by an oncoming train as she attempted to walk across the railroad tracks
at Taylor Street in Kenner. Pla... view full summary |
| CONTRACTS
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| 11. | Plaintiffs in redhibition action entitled to litigate issue of whether sellers' allegedly fraudulent responses on property disclosure voided subsequent waiver of redhibition.
Nancy Williams v. Robert Allan Nelson, 2014-C-164 (La. 04/11/14) [3 pp.]
From LSCR Volume 22, Issue 4 This redhibition action involved the sale of a home in Metairie, Louisiana. Plaintiffs alleged that the
co-trustees of two trusts exec... view full summary |
| CIVIL PROCEDURE
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| 12. | Plaintiff could assert redhibition claim despite inconsistent allegations in claim for indemnification.
Easy Way Homes Corp. v. Craig D. Vezinat, 2014-CC-0240 (La. 04/17/14) [1 p.]
From LSCR Volume 22, Issue 4 In these consolidated cases plaintiff asserted a claim for redhibition and a claim for indemnification,
denying the existence of a red... view full summary |