LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1872 through 1884
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
Jump to a direct Volume/Issue
PROPERTY

1.Judgment mistakenly entered into conveyance records was not judicial mortgage.
Hans Wede v. Niche Marketing USA, LLC, 2010-C-0243 (La. 11/30/10) [15 pp.]
From LSCR Volume 18, Issue 12
In 2005 plaintiff obtained a money judgment against Rodney Whitney, Jr. and Niche Marketing USA, LLC in North Carolina. Mr. Whitney and his wife owned immovable property in St. John the Baptist Pari... view full summary
2.Timber trespass statute does not apply to co-owners of property.
Janice Sullivan v. Priscilla Wallace, 2010-C-0388 (La. 11/30/10) [19 pp.]
From LSCR Volume 18, Issue 12
Plaintiff, Janice Sullivan, and defendant, Bruce Sullivan, purchased a 120-acre tract of land in Claiborne Parish during their marriage. They divorced in 1990 but retained the community... view full summary
JUVENILE

3.Neither termination of parental rights nor family reunification justified.
State in the Interest of H.A.S. and C.W.C., 2010-CJ-1529 (La. 11/30/10) [21 pp.]
From LSCR Volume 18, Issue 12
S.M.S.S. is the biological mother of C.W.C., a boy born April 17, 2000, and H.A.S., a girl born July 11, 2005. H.A.S.'s father is deceased, and C.W.C's father is incarcerated. In February 2007, the ... view full summary
WORKERS' COMPENSATION

4.Surveillance video properly provided to non-IME physicians.
Iberia Medical Center v. Wendy Ward, 2009-C-2705 (La. 11/30/10) [26 pp.]
From LSCR Volume 18, Issue 12
Wendy Ward was employed as a relief food service worker at Iberia Medical Center when she allegedly injured her left hand on February 3, 2006, while moving a large food cart into a se... view full summary
5.PPO discounts for workers' compensation claims upheld.
Agilus Health v. Accor Lodging North America, 2010-C-0800 (La. 11/30/10)[19 pp].
From LSCR Volume 18, Issue 12
Plaintiff is a healthcare provider. In 2004 it executed a contract to join First Health's network of providers and payors. Plaintiff agreed to accept discounted rates from network payors for certain... view full summary
DOMESTIC RELATIONS

6.Court approval not required to transfer asset from separate property to community in contractual regime.
The Succession of William Edward Faget v. Audrey Menard Faget, 2010-C-1088 (La. 11/30/10) [13 pp.]
From LSCR Volume 18, Issue 12
Before marrying in 1977, Dr. William Faget and Audrey Menard entered into a matrimonial agreement establishing a contractual matrimonial regime to remain separate in property. They both... view full summary
7.Final child support award replacing interim award could be retroactive to date of judicial demand.
Christian Vaccari v. Joan Vaccari, 2010-C-2016 (La. 12/10/10) [9 pp.]
From LSCR Volume 18, Issue 12
The parties married in 1989 and have 4 children. Mr. Vaccari filed for divorce in 2004, and Ms. Vaccari filed a response seeking, inter alia, child support. During the initial hearing f... view full summary
8.Court of appeal should not have considered merits of rule improperly continued by district court.
In Re: The Marriage of Erin Blanch and Juan S. Blanch, Jr., 2010-CJ-2725 (La. 12/15/10) [2 pp.]
From LSCR Volume 18, Issue 12
In this domestic case, the district court's custody judgment was on appeal when Juan Blanch, Jr. filed a rule for contempt in the district court, alleging Erin Blanch had violated certain visitation... view full summary
CRIMINAL

9.In camera interview of witnesses by district court improper.
State v. Sullivan Harper and Bernard Harper, 2010-KK-356 (La. 11/30/10) [18 pp.]
From LSCR Volume 18, Issue 12
Defendants were involved in a shoot out in front of the Famous Door Lounge in the French Quarter and charged with attempted first degree murder. Through discovery, defendants sought the correct addr... view full summary
10.Convictions and sentences upheld in death penalty case.
State v. Anthony Bell, 2009-KA-0199 (La. 11/30/10) [43 pp.]
From LSCR Volume 18, Issue 12
Defendant was indicted with the first degree murders of his wife, Erica Bell, and 4 of her relatives, as well as the attempted first-degree murder of Claudia Brown, Erica's mother. Prior... view full summary
11.Ineffective assistance claim not waived by guilty plea.
State v. John W. West, 09-KH-2810 (La. 12/10/10) [2 pp.]
From LSCR Volume 18, Issue 12
Defendant pled guilty to charges against him after consulting with his attorney. He later sought post- conviction relief from the district court, arguing ineffective assistance of counsel. The distr... view full summary
ADMINISTRATIVE

12.Pre-termination hearing did not violate due process.
Theodore Lange v. Orleans Levee District, 2010-C-0140 (La. 11/30/10) [18 pp.]
From LSCR Volume 18, Issue 12
The Orleans Levee District (OLD) hired plaintiff in 1973, and he attained permanent status that year. A civil servant with permanent status cannot be subjected to disciplinary action by his employer... view full summary
View next 12 articles