Archive of LSCR Articles
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| MEDICAL MALPRACTICE
| | 1. | Petition adding new plaintiff does not relate back under art. 1153; overruling recent precedent.
Warren v. Louisiana Medical Mut. Ins. Co., 2007-CC-0492 (La. 6/26/09) [30 pp.]
From LSCR Volume 17, Issue 7 In this opinion on rehearing, the Court overrules its original opinion, reported in December, 2008 LSCR. &... view full summary | | CIVIL PROCEDURE
| | 2. | Supplemental petition to correct the party plaintiff cannot "relate back," and avoid peremption.
Benny Naghi v. Lisa Brener, 2008-CC-2527 (La. 06/26/09) [15 pp.]
From LSCR Volume 17, Issue 7 Plaintiffs Benny and Ephraim Naghi had engaged attorney Lisa Brener to represent them in a claim for damages which arose on October 26, 2005... view full summary | | 3. | Unconditional tender by insurer acknowledged obligation, interrupted prescription.
Demma v. Auto. Club Inter-Insurance Exchange, 08-C-2810 (La. 6/26/09) [18 pp.]
From LSCR Volume 17, Issue 7 On May 3, 2005, Marco Demma, III (Demma) was operating a vehicle that was insured by a policy issued by Automobile Club Inter-Insurance Exch... view full summary | | STATE AND LOCAL GOVERNMENT
| | 4. | Murder investigation documents are public records. In re: A Matter Under Investigation, and
John and Jane Does v. Charles C. Foti, 2007- KK-1853 c/w 2007- KK-1870 c/w 2008- CC-1066 (La. 7/1/09) [49 pp.]
From LSCR Volume 17, Issue 7 These three, consolidated writ applications involve the disposition of documentary evidence that (1) was seized or subpoenaed from hospitals... view full summary | | TORTS
| | 5. | Court of appeal erred in increasing damage award.
Guillory v. Lee, 2009-C-0075 (La. 6/26/09) [39 pp.]
From LSCR Volume 17, Issue 7 Plaintiff Byron Guillory filed this suit to recover damages for personal injuries he allegedly suffered when his pickup truck was struck on ... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 6. | Judge's membership in qualified antidrug organization improper, but no discipline imposed.
In re: Morvant, 2009-O-0747 (La. 6/26/09) [12 pp.]
From LSCR Volume 17, Issue 7 Respondent was elected in 1997 to the Nineteenth Judicial District Court and has served continuously since that time. Until December, 2002, ... view full summary | | INSURANCE
| | 7. | Self-insurer's excess policy is "reinsurance," not covered by LIGA.
La. Safety Ass'n of Timbermen Self-Insurers v. La. Ins. Guar. Ass'n., 2009-C-0023 (La. 6/26/09) [15 pp.]
From LSCR Volume 17, Issue 7 Plaintiff Louisiana Safety Association of Timbermen (LSAT) is a nonprofit corporation formed pursuant to La.R.S. SS 23:1195-1200.5 to allow ... view full summary | | CRIMINAL
| | 8. | Accomplice" instruction unnecessary if testimony is corroborated.
State v. Hollins, 2008-K-1033 (La. 6/26/09) [9 pp.]
From LSCR Volume 17, Issue 7 Defendant Hollins and his friend Jonathan Fields were in Hollins's car when they were pulled over by Officer Dwayne Wheeler for not wearing ... view full summary | | ADMINISTRATIVE
| | 9. | District court does not have original jurisdiction of tax assessment challenge.
Clyde A. "Rock" Gisclair v. La. Tax Comm'n, 2009-C-0007 (La. 6/26/09) [11 pp.]
From LSCR Volume 17, Issue 7 Plaintiff Clyde A. "Rock" Gisclair, as tax assessor for the parish of St. Charles, filed a petition seeking review of the Louisiana Tax Comm... view full summary | | TORTS
| | 10. | Class certification of plaintiffs in mass tort cases construed.
Brooks v. Union Pac. R.R., 2008-C-2035 (La. 5/22/09) [23 pp.]
From LSCR Volume 17, Issue 6 In 1995, a heavy rainstorm in the City of Oakdale resulted in large scale flooding on the east side of the elevated Union Pacific Railroad (... view full summary | | 11. | UM insurer may exclude double recovery for comp. benefits; collateral source rule inapplicable.
Mary Cutsinger v. Laura Redfern, 2008-C-2607 (La. 5/22/09) [17 pp.]
From LSCR Volume 17, Issue 6 Plaintiff Mary Cutsinger filed this suit to recover damages for personal injuries arising out of an accident with an automobile driven by de... view full summary | | 12. | Mesothelioma not an occupational disease under 1952 WCA; $2.8 million in damages affirmed.
Ray F. Rando v. Anco Insulations, 2008-C-1163 c/w 2008-C-1169 (05/22/09)
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From LSCR Volume 17, Issue 6 On September 23, 2005, at 59 years of age, Ray Rando (Rando) was diagnosed with mesothelioma, a cancer caused by exposure to asbestos. In No... view full summary |
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