LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1908 through 1920
Archive of LSCR Articles

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

1.Aggravated burglary committed when defendant bit apprehender outside of house in attempt to escape.
State v. Ronnie Joe Brooks, Jr., 2009-K-2323 (La. 10/19/10) [8 pp.]
From LSCR Volume 18, Issue 10

          On June 13, 2007, Joseph Daniel Smart drove by the home of his girlfriend and called the Arcadia Police Department when he noticed the... view full summary
2.30-year manslaughter sentence not excessive where conduct met requirements for second degree murder.
State v. Larry N. Lewis, Jr., 2009-KP-1404 (La. 10/22/10) [13 pp.]
From LSCR Volume 18, Issue 10

          In March 2005, defendant, then 16-years-old, gathered with 3 other students from his school at a bus stop in Jefferson Parish afte... view full summary
3.Evidence of prior cocaine sales deemed relevant and admissible.
State v. Terrence Roshun Scott, 2009-K-1658 (La. 10/22/10) [14 pp.]
From LSCR Volume 18, Issue 10

          In March and April 2007, a combined task force of the Slidell Police Department and the St. Tammany Parish Sheriff's O... view full summary
4.Convictions and sentences reinstated in juvenile cruelty case.
State v. Alton Lane Strother, 2009-K-2357 (La. 10/22/10) [19 pp.]
From LSCR Volume 18, Issue 10

          On February 2, 2007, Effie LeBleu appeared at Cabrini Hospital in Glenmora, Louisiana, with her 8-month-old daughter. Examination of ... view full summary
CONTRACTS

5.Preliminary injunction against foreclosure was proper where issues existed as to forbearance agreement.
Indymac Federal Bank, FSB v. Joel C. Groshong, 2010-CC-1179 (La. 10/01/10) [2 pp.]
From LSCR Volume 18, Issue 9
Plaintiff instituted foreclosure proceedings against defendant. In response, defendant filed a petition for preliminary injunction alleging the parties had entered into a forbearance agreement and t... view full summary
INSURANCE

6.Claims perempted because insureds were deemed to know policy contents.
Charles O. Seruntine, III v. State Farm Fire & Casualty Co., 10-CC-1108 (09/03/10) [1 p.]
From LSCR Volume 18, Issue 9
Plaintiffs sued insurance agents Kert LeBlanc and Dave Felix as a result of insufficient flood insurance coverage on plaintiffs' properties in St. Bernard Parish, which were severely d... view full summary
CIVIL PROCEDURE

7.District Court improperly granted declaratory relief at hearing on preliminary injunction.
Farmer's Seafood Company, Inc. v. State of Louisiana through the Department of Public Safety 2010- CA-1534 (La. 09/03/10) [3 pp.]
From LSCR Volume 18, Issue 9
Plaintiffs, Farmer's Seafood Company, Inc., Alex S. Mijalis, John Cosse, and Johnny Mijalis, filed a petition for injunctive relief, naming the State as a defendant. The petition sought... view full summary
8.Direct Action Statute prohibits reference to venue exceptions in Code of Civil Procedure articles 71-85.
Joseph C. Trascher v. Northrop Grumman Ship Systems, Inc., 2010-CC-1287 (La. 09/17/10) [4 pp.]
From LSCR Volume 18, Issue 9
Plaintiffs filed suit in Orleans Parish against several defendants based on alleged asbestos exposure to their decedent during his employment at Avondale Shipyards in Jefferson Parish. Commercial Un... view full summary
9.District court did not abuse its discretion in excluding untimely affidavit opposing summary judgment.
Richard J. Guillory, Sr. v. Dr. Michael Chapman, 2010-C-1370 (La. 09/24/10) [1 p.]
From LSCR Volume 18, Issue 9
In this medical malpractice action, defendants filed a motion for summary judgment, which was set for hearing. The hearing was reset for 1 month later upon request of plaintiff's counsel, who had a ... view full summary
10.Constitutionality of statute could not be raised in supporting memorandum.
Daisy Lucero Marcile v. Neal Dauzat, 2010-CA-1822 (La. 09/24/10) [2 pp.]
From LSCR Volume 18, Issue 9
Plaintiffs sued Neal Dauzat and the City of Marksville. Although La. R.S. Section 13:5105(A) generally prohibits jury trials in cases brought against political subdivisions, Section 13:510... view full summary
STATE AND LOCAL GOVERNMENT

11.Assessor had no right of action to challenge the administration of taxes assessed against public service property.
Clyde A. "Rock" Gisclair v. The Louisiana Tax Commission, 2010-C-0563 (La. 09/24/10) [15 pp.]
From LSCR Volume 18, Issue 9
Plaintiff, assessor for St. Charles Parish, filed suit to challenge the constitutionality of the Louisiana Tax Commission's administration of ad valorem taxes assessed against Entergy's public servi... view full summary
WORKERS' COMPENSATION

12.Plaintiffs did not meet intentional act exception to workers' compensation law.
Melvin Batiste v. Bayou Steel Corp., 2010-CC-1561 (La. 10/01/10) [4 pp.]
From LSCR Volume 18, Issue 9
Melvin Batiste began his employment with defendant in 1981. From 1987 until 2004, his primary responsibilities included installing new electrodes on the electrode arms of the No. 1 Furnace. He perfo... view full summary
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