LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1668 through 1680
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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BAR / DISCIPLINARY / ETHICS

1.Court outlines requirements for arbitration clause in retainer agreement.
Jacqueline T. Hodges v. Kirk Reasonover, 2012-CC-0043 (La. 07/02/12) [25 pp.]
From LSCR Volume 20, Issue 7

          In 2007, plaintiffs retained attorney Kirk Reasonover of Reasonover & Olinde, to represent them in a corporate contract dispute in... view full summary
2.Court extends briefing deadlines with regard to office of Chief Justice.
In Re: Office of Chief Justice, Louisiana Supreme Court, 2012-O-1342 (La. 07/20/12) [1 p.]
From LSCR Volume 20, Issue 7

          On June 13, 2012, the Court set briefing deadlines for those Justices interested in filing briefs on the issue of which of the current... view full summary
TORTS

3.Apartment owner had no duty to prevent bicycle riding on sidewalks.
Tanya Lato Ponceti v. First Lake Properties, Inc., 2011-C-2711 (La. 07/02/12) [6 pp.]
From LSCR Volume 20, Issue 7

          Plaintiff and her seven-year-old daughter, Kaitlynn, lived in an apartment complex in Mandeville owned by defendant. Kaitlynn was ridi... view full summary
PROPERTY

4.Time limit in Section 47:2228 did not prevent action to annul constitutionally defective tax sale.
Jerri G. Smitko v. Gulf South Shrimp, Inc., 2011-C-2566 (La. 07/02/12) [16 pp.]
From LSCR Volume 20, Issue 7

          Defendant, who owned three tracts of land in Terrebonne Parish, failed to pay the ad valorem taxes on the properties for the year 2002... view full summary
INSURANCE

5.Guest passengers were "insured persons" under auto liability policy and entitled to UM coverage.
Ann Bernard v. Antoinette Ellis, 2011-CC-2377 (La. 07/02/12) [21 pp.]
From LSCR Volume 20, Issue 7

          Norell and Andrea Bernard were passengers in a car driven and owned by Ann Bernard and insured by Imperial Fire & Casualty. Antoin... view full summary
CIVIL PROCEDURE

6.Judges' minimal personal interest in class action did not warrant recusal.
Jennifer Winkle v. The Relay Administration Board, 2012-CC-0944 (La. 06/29/12) [3 pp.]
From LSCR Volume 20, Issue 7

          Plaintiffs filed a class action in the 19th JDC on behalf of "[a]ll Louisiana residents and businesses who paid one or more $1.11 tele... view full summary
STATE AND LOCAL GOVERNMENT

7.Parish not responsible for suspect's medical expenses not caused by arrest.
Peter D. Vizzi, M.D. v. Lafayette City-Parish, 2011-C-2648 (La. 07/02/12) [9 pp.]
From LSCR Volume 20, Issue 7

          After allegedly committing an armed robbery in Lafayette, Quinton Sam tried to force his way into a private residence. The owner of th... view full summary
CONSTITUTIONAL LAW

8.Constitutional challenge to Red Tape Reduction and Local Empowerment Waiver Program was premature.
Louisiana Federation of Teachers v. State of Louisiana, 2011-CA-2226 (La. 07/02/12) [19 pp.]
From LSCR Volume 20, Issue 7

          In 2010, the Louisiana Legislature enacted Act 749, called the "Red Tape Reduction and Local Empowerment Waiver Program," La. R.S... view full summary
9.Defendant lacked standing to challenge constitutionality of La. Code Crim. Proc. art. 404(B).
State v. Joshua Dion Williams, 2011-KA-0958 (La. 07/02/12) [21 pp.]
From LSCR Volume 20, Issue 7

          A 19th JDC grand jury indicted defendant for second degree murder after an eyewitness reported he had shot someone. Under La. Cod... view full summary
WORKERS' COMPENSATION

10.Claimant failed to prove unwitnessed accident.
Henry Marange, Jr. v. Custom Metal Fabricators, Inc., 2011-C-2678 (La. 07/02/12) [11 pp.]
From LSCR Volume 20, Issue 7

          After working for defendant for about one month, claimant contended he was injured while using a forty-pound grinder to grind a seam i... view full summary
11.Claimant not entitled to additional benefits until employer exhausted credit.
James Mercer v. Nabors Drilling USA, L.P., 2011-C-2638 (La. 07/02/12) [5 pp.]
From LSCR Volume 20, Issue 7

          Claimant was injured while working for defendant. He received workers' compensation disability and medical benefits. He also sued a th... view full summary
JUVENILE

12.Evidence sufficient to show passenger knew vehicle was stolen.
State in the Interest of D.M., 2011-CK-2588 (La. 06/29/12) [8 pp.]
From LSCR Volume 20, Issue 7

          Defendant was a passenger in a stolen mini-van, seated in the back seat behind the driver. When police spotted the van and attempted t... view full summary
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