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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| TORTS
| | 1. | Jury verdict for defendant reinstated; jury interrogatory not improper.
Patricia Bourque v. Essex Insurance Co., 2012-C-0810 (La. 06/15/12) [1 p.]
From LSCR Volume 20, Issue 6 Plaintiff alleged that on August 19, 2002, she was injured when an improperly installed florescent
light fixture fell from her kitchen... view full summary | | 2. | Defendants entitled to summary judgment; risk should have been obvious.
Peter Caserta, Jr. v. Wal-Mart Stores, Inc., 2012-CC-0853 (La. 06/22/12) [2 pp.]
From LSCR Volume 20, Issue 6 Plaintiff went to Wal-Mart Tire & Lube Express to have new tires installed on a truck. The Wal-Mart
technician could not remove th... view full summary | | INSURANCE
| | 3. | CGL policy unambiguously provided for $1,000,000 aggregate limit on PIL coverage.
John Johnson v. Orleans Parish School Board, 2012-C-0190 (La. 05/31/12) [4 pp.]
From LSCR Volume 20, Issue 6 The issue in this toxic tort case was whether a commercial general liability (CGL) policy issued by
Republic Insurance Company contai... view full summary | | 4. | Insurers entitled to summary judgment as to claims outside of policy periods.
John Johnson v. Orleans Parish School Board, 2012-CC-0187 c/w 2012-CC-0191 (La. 05/31/12) [2 pp.]
From LSCR Volume 20, Issue 6 In the same case, the Fourth Circuit concluded in 2008 that National Union Fire Insurance Company
of Pittsburgh, Pa. and United States... view full summary | | 5. | Bad faith claim against insurer not fit for summary judgment.
Judith Merwin v. Douglas Spears, 2012-CC-0946 (La. 06/22/12) [2 pp.]
From LSCR Volume 20, Issue 6 Plaintiffs had a homeowners policy with Farmers Insurance Exchange and made a claim based on
a water leak in their bathroom. Farmers ... view full summary | | CIVIL PROCEDURE
| | 6. | Writ of mandamus inappropriate in action to cancel disputed mortgages.
Aberta, Inc. v. Dale Atkins, 2012-C-0061 (La. 05/25/12) [4 pp.]
From LSCR Volume 20, Issue 6 On August 26, 2003, Aberta, Inc. bought property located in Orleans Parish. Aberta's shares were
owned by Scott Wolfe. The same day, A... view full summary | | JUVENILE
| | 7. | Parental rights terminated so that children would not remain in foster care for indefinite period of time.
State in the Interest of A.M., L.M., and M.M., 2012-CJ-0799 (La. 06/15/12) [1 p.]
From LSCR Volume 20, Issue 6 The Mental Health Advocacy Service/Child Advocacy Program filed a petition in the juvenile court
to terminate parental rights with reg... view full summary | | CRIMINAL
| | 8. | Court orders investigation into post-conviction DNA testing in rape case.
State Ex Rel Henry Jackson v. State, 2011-KH-0394 (La. 05/25/12) [1 p.]
From LSCR Volume 20, Issue 6 Relator was charged with rape. At trial, the State's case rested largely on the victim's identification
of relator as the rapist. He u... view full summary | | 9. | Habitual offender hearing was not part of record for error patent review.
State v. James Leonard Moore, 2012-K-0102 (La. 05/25/12) [2 pp.]
From LSCR Volume 20, Issue 6 In the district court, defendant stipulated to the allegations in a habitual offender bill and was
sentenced as a habit... view full summary | | 10. | Officers lawfully entered home with defendant's consent although they did not reveal full reason for entry.
State v. Mark Seiler, 2012-KK-0389 (La. 05/25/12) [3 pp.]
From LSCR Volume 20, Issue 6 Defendant's home had been burglarized. After the burglary suspect indicated there was drug
contraband in the home, officer... view full summary | | 11. | Although sparse, search warrant should have been upheld.
State v. Peter Collins, Jr., 2012-KK-0417 (La. 06/01/12) [3 pp.]
From LSCR Volume 20, Issue 6 A confidential informant told officers about drug trafficking from defendant's residence and
indicated he had taken a photo... view full summary | | 12. | Motion to suppress should have been denied in drug arrest.
State v. Zevi Bush, 2012-KK-0720 (La. 06/01/12) [2 pp.]
From LSCR Volume 20, Issue 6 An officer observed defendant in his vehicle in a parking lot in which the officer had made numerous
drug arrests. Another individual ... view full summary |
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