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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| CRIMINAL
| | 1. | Traffic stop allows search of vehicle incident to arrest.
State v. Milton Hunt, 2009-KK-1589 (La. 12/01/09) [14 pp.]
From LSCR Volume 17, Issue 12 On the night of November 12, 2008, defendant Hunt was pulled over on a traffic stop by officer Corey Himel of the New Orleans Police Departm... view full summary | | 2. | Payment of fine in satisfaction of criminal sentence renders appeal moot.
State v. Justin Malone, 2008-KP-2253 (La. 12/01/09) [22 pp.]
From LSCR Volume 17, Issue 12 Defendant Malone was charged with the misdemeanor of simple battery, La.R.S. Section 14:35, following a fight which occurred in February, 20... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 3. | District judge removed from office.
In re: Benge, 2009-O-1617 (La. 11/6/09) [42 pp.]
From LSCR Volume 17, Issue 11 Respondent Judge Benge was elected to the Twenty-Fourth Judicial District Court in 2001. Upon taking the bench, she was assigned a pendi... view full summary | | CIVIL PROCEDURE
| | 4. | Action for remediation of land under Mineral Code does not require notice and opportunity to cure.
Broussard v. Hilcorp Energy Co., 09- C-0449 (La. 10/20/09)
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From LSCR Volume 17, Issue 11 Plaintiffs granted mineral, surface, and subsurface leases to various corporate entities to conduct oil and gas operations upon land in Verm... view full summary | | 5. | Nonresident driving on La. roads has not "appointed an agent for service of process," for venue purposes.
Green v. Auto Club Group Insurance Company, 2008-CC-2868 (La.10/28/09) [9 pp.]
From LSCR Volume 17, Issue 11 On December 13, 2006, Michael Green (Green) filed suit in Orleans Parish, the parish of his domicile, against defendants Mary Plangger (Plan... view full summary | | 6. | Suit challenging the state's ministerial or administrative action must be brought in East Baton Rouge.
Leblanc v. Thomas, 08-CC-2869 (La. 10/20/09) [12 pp.]
From LSCR Volume 17, Issue 11 Plaintiffs filed this class action suit in the Parish of Orleans against several defendants who allegedly closed the state hospital in New O... view full summary | | STATE AND LOCAL GOVERNMENT
| | 7. | State not entitled to reimbursement of salary from dual office holder.
Foti v. Holliday, 2009-C-0093 (La. 10/30/09) [20 pp.]
From LSCR Volume 17, Issue 11 Sarah Holliday was employed on a full-time basis as a judicial assistant and deputy clerk for the Nineteenth Judicial District Court for the... view full summary | | CRIMINAL
| | 8. | Recess, rather than mistrial, was sufficient for defense to prepare for newly-disclosed medical evidence.
State v. Carter, 09-KK-2345 (La. 10/28/09) [2 pp.]
From LSCR Volume 17, Issue 11 Defendant Carter was charged with the crime of aggravated battery in violation of La.R.S. Section 14:34, i.e., with the "intentional use of ... view full summary | | TORTS
| | 9. | Bystander damages not available, where plaintiff did not see the tortious act.
Robert Veroline v. Priority One EMS, 2009-C-1040 (La. 10/9/2009) [6 pp.]
From LSCR Volume 17, Issue 10 On July 4, 2005, plaintiff Joshua Paul Veroline and his sister Heather were spending time with friends at Toledo Bend Lake, when Heather inj... view full summary | | 10. | DOTD not at fault; jury verdict reinstated.
Randy Fontenot v. Patterson Insurance, 2009-C-0669 (La. 10/20/09) [23 pp.]
From LSCR Volume 17, Issue 10 Plaintiff Randy Fontenot and his wife filed this suit to recover damages for personal injuries sustained in an automobile collision with def... view full summary | | CIVIL PROCEDURE
| | 11. | When computing a filing deadline backward from a date, weekends or holidays roll the deadline forward.
Becnel v. Northrop Grumman Ship Systems, 09-CC-1318 (La. 10/9/2009) []
From LSCR Volume 17, Issue 10 In this civil action, defendants filed a motion to exclude testimony of plaintiff's expert witness pursuant to Daubert v. Merrell Dow Pharma... view full summary | | WORKERS' COMPENSATION
| | 12. | Subsequent accident did not result from work injury, and is not compensable under the WCA.
Marvin W. Buxton v. Iowa Police Department, 2009-C-0520 (La. 10/20/09) [25 pp.]
From LSCR Volume 17, Issue 10 Claimant Buxton was working as a corporal for the police department on May 7, 2004 in Iowa, Louisiana when his police cruiser was struck by ... view full summary |
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