| CRIMINAL
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| 1. | Retroactive application of lifetime supervision requirement for sex offender did not violate Ex Post Facto Clause. State v. Rudy Trosclair, 2011-KA-2302 (La. 05/08/12) [28 pp.] From LSCR Volume 20, Issue 5 Defendant pled guilty to sexual battery of a child under thirteen years of age, admitting that he, age
twenty-seven, touched and rubbe... view full summary |
| 2. | Defendant was detained legally in connection with execution of search warrants at motel. State v. Larry John Thompson, 2011-K-0915 (La. 05/08/12) [33 pp.] From LSCR Volume 20, Issue 5 Defendant was arrested in May 2008 at the Levingston Motel in Shreveport. Several officers arrived
that night to executed two search w... view full summary |
| BAR/DISCIPLINARY/ETHICS
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| 3. | Distribution of cy pres funds to Louisiana Bar Foundation did not violate Code of Judicial Conduct. Leonard Adams v. CSX Railroads, 2012-C-0139 (La. 04/13/12) [3 pp.] From LSCR Volume 20, Issue 4 This case involves the cy pres distribution of settlement funds paid by defendants. Such funds
typically result from cla... view full summary |
| CIVIL PROCEDURE
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| 4. | Execution of judgment was proper, even considering plaintiffs' stipulation. Geraldine Oubre v. Louisiana Citizens Fair Plan, 2011-C-0097, 2012-OC-0642 (La. 04/09/12) [2 pp.] From LSCR Volume 20, Issue 4 On December 16, 2011, the Court reinstated the judgment of the district court against Louisiana
Citizens Property Insurance Company (L... view full summary |
| 5. | Jones Act suit dismissed under forum non conveniens. George Osborn v. Ergon Marine & Industrial Supply, Inc., 2012-CC-0183 (La. 04/13/12) [2 pp.] From LSCR Volume 20, Issue 4 In this Jones Act suit, plaintiff alleged he was injured while working on a vessel owned by defendant
and located in Mississippi t... view full summary |
| 6. | Court of appeal should have referred bond forfeiture case to five-judge panel. State v. Generio Allen, 2011-K-2843 (La. 04/13/12) [3 pp.] From LSCR Volume 20, Issue 4 In this criminal matter, the district court set aside two bond forfeiture judgments in favor of the State.
A three-judge panel of the ... view full summary |
| PROPERTY
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| 7. | Prescription on mineral interest claim suspended by contra non valentem. James P. Wells v. Donald J. Zadeck, 2011-C-1232 (La. 03/30/12) [21 pp.] From LSCR Volume 20, Issue 4 In 1949, Mr. and Mrs. Wells conveyed 120 acres of property in DeSoto Parish to Mrs. and Mrs.
Holmes and established a mineral servitud... view full summary |
| CRIMINAL
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| 8. | Other crimes evidence should not have been suppressed. State v. Emory Walters, 2012-KK-0667 (La. 03/28/12) [1 p.] From LSCR Volume 20, Issue 4 The State provided defendant notice of its intent to introduce other crimes evidence at trial. The
district court granted defendant's ... view full summary |
| 9. | Intoxication did not render defendant's inculpatory statements involuntary. State v. Ashleigh Thornton, 2012-KK-0095 (La. 03/30/2012) [5 pp.] From LSCR Volume 20, Issue 4 In this second-degree murder case, police stopped defendant in her vehicle after receiving reports
that she was driving erratically. S... view full summary |
| MEDICAL MALPRACTICE
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| 10. | Constitutionality of medical malpractice cap upheld as to nurse practitioners. Joe Oliver v. Magnolia Clinic, 2011-C-2142 (La. 03/13/12) [23 pp.] From LSCR Volume 20, Issue 3 Taylor Oliver is the child of Joe and Helena Oliver. Shortly after Taylor was born in 2000, she was
brought to the Magnolia Clinic, ow... view full summary |
| TORTS
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| 11. | Choice of law analysis resulted in application of Louisiana law and reversal of punitive damages awards in toxic tort case. Craig Steven Arabie v. Citgo Petroleum Corporation, 2010-C-2605 (La. 03/13/12) [51 pp.] From LSCR Volume 20, Issue 3 In 2006 a severe rainstorm resulted in the overflow of the wastewater treatment facility at CITGO's
Lake Charles refinery. A major oil... view full summary |
| CIVIL PROCEDURE
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| 12. | Class certification reversed in chemical spill case. Kieta Alexander v. Norfolk Southern Corporation, 2011-C-2793 (La. 03/09/12) [6 pp.] From LSCR Volume 20, Issue 3 In 2001 ethyl acrylic fumes leaked from valves on two railroad cars that had been parked in Orleans
Parish for less than an hour while... view full summary |