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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| WORKERS' COMPENSATION
| | 1. | Court reversed award of attorney's fees to plaintiff who received workers' compensation and unemployment benefits simultaneously.
Wilfred Fontenot v. State of Louisiana, through the Dept. of Health and Hospitals, 2013-C-1004 (La. 09/13/13) [2 pp.]
From LSCR Volume 21, Issue 9 In October 2009, plaintiff was involved in a work-related accident while in the course and scope of
his employment with the Department... view full summary | | DOMESTIC RELATIONS
| | 2. | Modification of spousal support barred by res judicata where former wife's mental health issues were considered in original spousal support ruling.
Michael Hindelang, III v. Regina Louviere Hindelang, (La. 09/20/13) [1 p.]
From LSCR Volume 21, Issue 9 In this domestic matter, the former wife, Mrs. Hindelang, alleged in an original spousal support
hearing in 2009 that she could ... view full summary | | CRIMINAL
| | 3. | Although counsel provided ineffective assistance by not raising double jeopardy issue, defendant failed to show resulting prejudice.
State v. Anthony Thomas, 2012-KP-1410 (La. 09/04/13) [22 pp.]
From LSCR Volume 21, Issue 9 In 1998, defendant began exhibiting violent behavior toward his girlfriend. Fearing defendant, the
girlfriend left her apartment to li... view full summary | | 4. | District court could not issue valid warrant of execution until federal court of appeals issued mandate.
State v. Christopher Sepulvado, 2013-KP-2177 (La. 09/25/13) [1 p.]
From LSCR Volume 21, Issue 9 Defendant was convicted of first degree murder and sentenced to death for the 1992 death of his six-
year-old stepson, whom defendant ... view full summary | | 5. | No violation of speedy trial rights despite 30-month delay and exhaustion of defendant's ability to retain private counsel.
State v. Perry Bell, 2013-K-0017 (La. 09/27/13) [7 pp.]
From LSCR Volume 21, Issue 9 Defendant was arrested in April 2009 and indicted on one count of second degree murder in August
2009. He pled not guilty and retained... view full summary | | CONTRACTS
| | 6. | Doctor entitled to general damages against hospital for faulty peer review proceeding, but not to lost income award.
Tommie M. Granger, M.D. v. Christus Health Central Louisiana, 2012-C-1892 (La. 06/28/13) [50 pp.]
From LSCR Volume 21, Issue 7 Plaintiff was a board-certified cardiac surgeon practicing in Alexandria with hospital privileges at
Christus St. Frances Cabrini Hos... view full summary | | 7. | Contract cannot be rescinded based on unilateral error where party seeking rescission committed inexcusable error.
Cynthia Fry Peironnet v. Matador Resources Co., 2012-C-2292 c/w 2012-C-2377 (La. 06/28/13) [48 pp.]
From LSCR Volume 21, Issue 7 Plaintiffs were owners of interests in large tracts of land in Caddo Parish. In June 2004, they executed
an oil and gas lease (the Lea... view full summary | | MEDICAL MALPRACTICE
| | 8. | Suspension of prescription under MMA applies to claim against tortfeasor who is solidarily liable with health care providers even though tortfeasor is not a health care provider.
Daniel Milbert v. Answering Bureau, Inc., 2013-C-0022 (La. 06/28/13) [19 pp.]
From LSCR Volume 21, Issue 7 Daniel Milbert, a thirty-five-year-old roofer, fell off of a roof on September 2, 2008, and broke his
right ankle. Two days later, he ... view full summary | | INSURANCE
| | 9. | Plaintiff's dismissal of insureds during trial did not effect dismissal of insurer under the terms of the Direct Action Statute or policy language.
Mary Phyllis Soileau v. Smith True Value and Rental, 2012-C-1711 (La. 06/28/13) [33 pp.]
From LSCR Volume 21, Issue 7 Plaintiff was injured during her employment with the Town of Mamou when a front-end loader
detached from a John Deere tractor and stru... view full summary | | TORTS
| | 10. | Discovery rule cannot apply to suspend prescription of UCC conversion claims.
Specialized Loan Servicing, L.L.C. v. Donyelle January, 2012-CC-2668 (La. 06/28/13) [24 pp.]
From LSCR Volume 21, Issue 7 Donyelle January owned property in New Iberia. Plaintiff serviced a note and mortgage agreement
affecting the property. Assurant S... view full summary | | STATE AND LOCAL GOVERNMENT
| | 11. | Legislation concerning cash balance retirement system for State was unconstitutional for failure to pass by required two-thirds House vote.
Retired State Employees Association v. State of Louisiana, 2013-CA-0499 (La. 06/28/13) [21 pp.]
From LSCR Volume 21, Issue 7 During the 2012 Regular Session of the Legislature, HB 61 provided for the establishment of a cash
balance retirement plan for certain... view full summary | | DOMESTIC RELATIONS
| | 12. | Court looked to divorce jurisprudence to determine whether parties to disavowal action had lived "separate and apart" for 300 days.
Derek Alan Pociask v. Kera Moseley, 2013-C-0262 (La. 06/28/13) [17 pp.]
From LSCR Volume 21, Issue 7 Derek Pociask and Kera Moseley were married in New Orleans in 1997 and had one child in 1999.
They physically separated on April 30, 2... view full summary |
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