| CRIMINAL
|
| 1. | Forfeiture of truck used to facilitate possession of cocaine was warranted despite criminal acquittal.
State v. 2002 Chevrolet Trailblazer, 2012-K-1148 (La. 11/16/12) [5 pp.]
From LSCR Volume 20, Issue 11 Acting on a tip from an informant, Detective Durel orchestrated a controlled purchase of two rocks
of cocaine by the informant from de... view full summary |
| 2. | Officers were warranted in pushing front door further open to secure house after resident was arrested.
State v. Frederick Washington, 2012-KK-2203 (La. 11/16/12) [8 pp.]
From LSCR Volume 20, Issue 11 Defendant ran from a traffic stop by police officers and ultimately was subdued by taser in the street
in front of his residence. He m... view full summary |
| 3. | First degree murder and death sentence upheld in brutal attack on homeless man and companion.
State v. Garcia, 2009-KA-1578 (La. 11/16/12) [94 pp.]
From LSCR Volume 20, Issue 11 In 2006, Matthew Millican and his female companion, M.T., lived a voluntarily homeless lifestyle,
traveling throughout the U.S. by pan... view full summary |
| BAR / DISCIPLINARY / ETHICS
|
| 4. | Justice Johnson to succeed to office of chief justice as judge oldest in point of service on the Court.
In Re: Office of the Chief Justice, Louisiana Supreme Court, 2012-O-1342 (10/16/12) [23 pp.]
From LSCR Volume 20, Issue 10 Louisiana Supreme Court Chief Justice Catherine D. Kimball will retire from the Court on January
31, 2013. As to her successor as chie... view full summary |
| 5. | Previously removed Jefferson Parish judge disbarred for three years.
In Re Joan S. Benge, 2012-B-0619 (La. 10/16/12) [7 pp.]
From LSCR Volume 20, Issue 10 In 2001, respondent assumed the office of district judge of the 24th JDC for the Parish of Jefferson.
In 2009, she was removed from ju... view full summary |
| TORTS
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| 6. | "Excessive force" exception to immunity did not apply to use of force by inmates.
Melissa Taylor v. City of Leesville, 2012-CC-1163 (La. 10/08/12) [1 p.]
From LSCR Volume 20, Issue 10 Plaintiff sued the City of Leesville and others, alleging she was assaulted and raped by inmates on
a work detail. At the time of the ... view full summary |
| INSURANCE
|
| 7. | Plaintiff's failure to provide financial information negated claim for penalties and fees in disability claim.
Kenneth Hawkins v. UNUM Life Insurance Company of America, 2012-C-1490 (La. 10/12/12) [4 pp.]
From LSCR Volume 20, Issue 10 Plaintiff, an attorney, was involved in an auto accident in October 1998 and underwent spinal surgery
in November 1999. He submitted a... view full summary |
| 8. | Written settlement agreement on property damage claim was not a "proof of loss" to trigger penalties for failure to timely pay under Section 22:1892.
Katie Realty, Ltd. v. Louisiana Citizens Property Insurance Corp., 2012-C-0588 (La. 10/16/12) [14 pp.]
From LSCR Volume 20, Issue 10 Plaintiff owned commercial property in Houma that was damaged by Hurricane Gustav. It filed suit
against its commercial property insur... view full summary |
| CIVIL PROCEDURE
|
| 9. | City could waive jury trial prohibition after suit was filed.
Daisy Lucero Marcile v. Neal Dauzat, 2011-CC-1509 (La. 10/16/12) [14 pp.]
From LSCR Volume 20, Issue 10 Neal Dauzat, a City of Marksville employee, was backing a fire department vehicle into the fire
station when he struck a vehicle opera... view full summary |
| 10. | Dismissal under F.R.C.P. 41 is voluntary; dismissed suit does not interrupt prescription on second suit filed before or after dismissal.
JoAnn Sims v. The American Insurance Company, 2012-C-0204 (La. 10/16/12) [14 pp.]
From LSCR Volume 20, Issue 10 JoAnn and John Sims filed suit in state court in 2008 against Dow Chemical Company, its executive
officers, and several insurers, alle... view full summary |
| STATE AND LOCAL GOVERNMENT
|
| 11. | Municipal fire and police civil service board may modify discipline imposed without finding appointing authority acted in bad faith or without cause.
The City of Bossier City v. Phillip Vernon, 2012-C-0078 (La. 10/16/12) [19 pp.]
From LSCR Volume 20, Issue 10 Phillip Vernon was a permanent police officer with the Bossier Parish City Police Department when
an internal affairs investigation co... view full summary |
| 12. | Court of appeal erred in reversing judgment for City-Parish in expropriation case.
Lafayette City-Parish v. Jeffery Person, 2012-C-0307 (La. 10/16/12) [10 pp.]
From LSCR Volume 20, Issue 10 The Settlement Subdivision in Lafayette contains approximately 158 residential units and has three
means of ingress/egress, all onto ... view full summary |