LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1716 through 1728
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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CRIMINAL

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

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

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

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

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

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

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

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
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