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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| CIVIL PROCEDURE
| | 1. | Indemnity claim asserted 3 years after petition is served is not prescribed.
Frances Orlando v. E.T.I., 2007-C-1433 (La.12/12/08) [15 pp.]
From LSCR Volume 17, Issue 1 On June 6, 2001, Exceptional Temporaries, Inc. (ETI) contracted with the City of New Orleans Aviation Board (NOAB) to provide sound-deadenin... view full summary | | 2. | Post-judgment "motion to fix interest" during appeal is prohibited.
Denton v. Vidrine, 2008-C-0483 (La.12/12/08) [11 pp.]
From LSCR Volume 17, Issue 1 Plaintiff Denton filed suit for personal injuries sustained in an automobile accident, and named as defendants the other driver (Vidrine), t... view full summary | | 3. | Parish has no right to a bench trial in claims filed by the parish itself.
Randy Fontenot v. Patterson Insurance, 2008-C-0414 (La. 12/12/08) [16 pp.]
From LSCR Volume 17, Issue 1 A vehicular collision between a police car, being operated by Lafayette City-Parish Consolidated Government (LCG) police officer Randy Fonte... view full summary | | STATE AND LOCAL GOVERNMENT
| | 4. | Country club not a "fraternal" organization exempt from property tax.
Sherwood Forest Country Club v. Litchfield, 08-C-0194 (La. 12/19/08) [32 pp.]
From LSCR Volume 17, Issue 1 Sherwood Forest Country Club (Sherwood Forest) was incorporated as a nonprofit Louisiana corporation in 1955. According to its original arti... view full summary | | CRIMINAL
| | 5. | Medical evidence of Fetal Alcohol Syndrome admitted at trial; capital conviction affirmed.
State v. Brandy Holmes, 06-KA-2988 (La. 12/2/08) [112 pp.]
From LSCR Volume 17, Issue 1 This appears to be the first instance in Louisiana of the admission of medical evidence of Fetal Alcohol Syndrome in a capital case. The def... view full summary | | DOMESTIC RELATIONS
| | 6. | Parental rights terminated.
State in the Interest of D.L.R., 08-CJ-1541 (La. 12/12/08) [17 pp.]
From LSCR Volume 17, Issue 1 The State appeals the reversal of a judgment terminating parental rights. D.L.R. is a male child born in 2004 during an extramarital relatio... view full summary | | 7. | Survivor benefits under pension plan are community property; overruling recent precedent.
Louisiana State Employees v. McWilliams, 06-C-2191 (La. 12/7/07]
From LSCR Volume 16, Issue 12 (on rehearing) In this opinion on rehearing, the Court overruled its original opinion, reported in December, 2007 LSCR. This concursus proce... view full summary | | MEDICAL MALPRACTICE
| | 8. | Claims-made policy excludes coverage; doctor not "qualified" under MMA.
Hood v. Cotter, 2008-C-0215 c/w 2008 -C-0237 (La. 12/2/08]
From LSCR Volume 16, Issue 12 Plaintiff Carl Hood sought medical treatment from defendant Dr. Mark Cotter, for back pain, sleeping difficulties, and anxiety. Plaintiff al... view full summary | | TORTS
| | 9. | Hole in logging road not unreasonable risk of harm; supervisory writ granted.
Dauzat v. Curnest Guillot Logging, 08-CC-0528
(La. 12/2/08) [8 pp.]
From LSCR Volume 16, Issue 12 Defendants seek review of the denial of their motion for summary judgment. Defendant Lake Pearl Company ("Lake Pearl") is the owner of timbe... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 10. | Discipline imposed for false certification of domicile on notice of candidacy.
In re: Richmond, 2008-B-0742 (La. 12/2/08) [19 pp.]
From LSCR Volume 16, Issue 12 Respondent was a member of the Louisiana House of Representatives for District 101. On his notice of candidacy form filed in August, 200... view full summary | | 11. | Handwritten request for service is "alteration of a public record"; discipline imposed.
In re: Dixon, 08-B-1618 (La. 12/2/08) [16 pp.]
From LSCR Volume 16, Issue 12 Respondent filed a petition for judicial partition of community property on behalf of his client, Tracey Magee. The petition did not req... view full summary | | 12. | Antiquated statute preempted by Canon of Judicial Conduct; discipline imposed.
In re: Freeman, 2008-O-1820 (La.12/2/08) [23 pp.]
From LSCR Volume 16, Issue 12 Respondent assumed the office of Justice of the Peace, Ward 5, St. Helena Parish in January 1, 2003. While still in office, he qualified... view full summary |
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