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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| MEDICAL MALPRACTICE
| | 1. | Where proposed expert witness had relinquished license to practice medicine by time of trial, statute required showing that his medical school had proper accreditation when he graduated; plaintiffs failed to make that showing, resulting in directed verdict for defendant.
John Benjamin, Sr. v. William Zeichner, M.D., 2012-C-1763 (La. 04/05/13) [15 pp.]
From LSCR Volume 21, Issue 4 Plaintiffs were the husband and children of Margaret Benjamin. They brought this medical
malpractice action against defend... view full summary | | TORTS
| | 2. | Differential in elevator floor was not an open and obvious hazard although it was observed by plaintiff; Court reinstated $1 million verdict for UPS delivery driver.
Paul F. Broussard v. State, 2012-C-1238 (La. 04/05/13) [34 pp.]
From LSCR Volume 21, Issue 4 A 1998 roofing project at the State-owned Wooddale Tower, an office building in Baton Rouge,
caused the elevators to operate erratical... view full summary | | INSURANCE
| | 3. | On summary judgment, insurer bears burden of proving that coverage exclusion applies, including showing that exception to exclusion is not met.
Dan Veuleman v. Mustang Homes, LLC, 2013-C-190 (La. 04/05/13) [2 pp.]
From LSCR Volume 21, Issue 4 In this case, insurance coverage under a contractor's insurance policy was at issue. The policy
contained a "work produc... view full summary | | CRIMINAL
| | 4. | Court reinstated felony theft conviction stemming from sale of construction equipment.
State v. Donald K. Swanzy, 2012-K-1297 (La. 04/01/13) [14 pp.]
From LSCR Volume 21, Issue 4 Defendant, the owner of Diesel Truck Service in Gretna, was the original contractor on a project to
demolish the Twi Ropa Mill on Tcho... view full summary | | 5. | Officers had probable cause to arrest defendant for trespassing in housing development; motion to suppress evidence of cocaine found in subsequent search was properly denied.
State v. Phillip Lampton, 2012-K-1547 (La. 04/05/13) [9 pp.]
From LSCR Volume 21, Issue 4 New Orleans Police Officers Peak and Sam proactively patrolled the Iberville Housing Development,
owned by the City of New Orleans and... view full summary | | 6. | Fourth offense possession of marijuana conviction resulted in adjudication as third felony offender; circumstances did not warrant exceptional departure from mandatory minimum sentence.
State v. Bernard Noble, 2012-K-1923 (La. 04/19/13) [4 pp.]
From LSCR Volume 21, Issue 4 Defendant was convicted of fourth offense possession of marijuana. He was adjudicated as a third
felony offender based on two pri... view full summary | | 7. | Jurisdiction proper in parish where State presented evidence defendant was part of criminal enterprise to transport drugs through parish.
State v. Cecil Redditt, 2013-KK-0295 (La. 04/19/13) [5 pp.]
From LSCR Volume 21, Issue 4 In September 2011, Corey Hammond and Alesha Smith were stopped while driving through
Tangipahoa Parish. They were found to... view full summary | | CIVIL PROCEDURE
| | 8. | Purported class action arising out of video voyeurism at fitness center did not meet numerosity requirement.
Jane Doe v. Southern Gyms, LLC, 2012-C-1566 c/w 1572 c/w 1580 (La. 03/19/13) [20 pp.]
From LSCR Volume 21, Issue 3 In 2010, an investigation revealed that an assistant manager and trainer at a fitness center in Baton
Rouge secretly had videotaped wo... view full summary | | 9. | Request for re-service of petition could not revive dismissed suit.
Lela Johnson v. University Medical Center of Lafayette, 2013-C-0040 (La. 03/15/13) [3 pp.]
From LSCR Volume 21, Issue 3 In March 2006, plaintiff filed a petition naming certain entities of the State as defendants. They
moved to dismiss the petition becau... view full summary | | STATE AND LOCAL GOVERNMENT
| | 10. | City properly excluded first-year supplemental pay in calculating firefighter salaries under R.S. Section 33:1992.
West Monroe Firefighters Local 1385 v. City of West Monroe, 2012-C-1937 (La. 03/19/13) [17 pp.]
From LSCR Volume 21, Issue 3 Pursuant to La. R.S. Section 33:2002(A)(1), after a firefighter's first year of service, the State supplements
his or her salary with ... view full summary | | PROPERTY
| | 11. | 1925 tax sale could not be annulled based on Mennonite violation.
Quantum Resources Management, L.L.C. v. Pirate Lake Oil Corp., 2012-C-1472 (La. 03/19/13) [21 pp.]
From LSCR Volume 21, Issue 3 Plaintiffs were the owners of several oil, gas, and mineral leases covering certain lots near Lafitte
in Jefferson Parish. They filed ... view full summary | | TAXATION
| | 12. | Court clarifies taxpayer's remedy when taxes have been paid voluntarily and collector fails to respond to request for refund.
Tin, Inc. v. Washington Parish Sheriff's Office, 2012-C-2056 (La. 03/19/13) [20 pp.]
From LSCR Volume 21, Issue 3 In December 2002, plaintiff sent a letter to the Washington Parish Sheriff's Office, as sales and use
tax collector (the Collector), r... view full summary |
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