Archive of LSCR Articles
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| CIVIL PROCEDURE
| | 1. | Plaintiff may be added to MMA wrongful death action after the running of prescription.
Warren v. Louisiana Medical Mutual Ins. Co., 2007-CC-0492 (La. 12/2/08) [38 pp.]
From LSCR Volume 16, Issue 12 Plaintiffs' decedent Terry Warren died on October 13, 2000 from congestive heart failure. Pamela Warren, Terry's widow, and Theresa Warren, ... view full summary | | CONSTITUTIONAL LAW
| | 2. | District court erred in ruling on constitutional issues.
Phillips v. Lafayette City-Parish Consol. Gov't, 2008-CA-0922 (La. 12/2/08) [13 pp.]
From LSCR Volume 16, Issue 12 The Lafayette City-Parish Consolidated Government ("Lafayette") declared the presence of "junked or abandoned" motor vehicles to be a public... view full summary | | STATE AND LOCAL GOVERNMENT
| | 3. | Constitutional publication requirements not applicable to legislation passed in extraordinary session.
Fruge v. Bd. of Trustees of La. State Emp., 08-CA-1270
This declaratory judgment action challenges the validity of 2002 1st Ex. Sess. La. Acts No. 165 ("Act
165"), which amended La.R.S. ? 11:416, relating to the Louisiana State Employees' Retirement Sy
From LSCR Volume 16, Issue 12 | | WORKERS' COMPENSATION
| | 4. | Third-party demand against PPO not within WCA jurisdiction; supervisory writ granted.
Broussard Physical Therapy v. Family Dollar Stores, 2008-CC-1013 (La. 12/2/08) [13 pp.]
From LSCR Volume 16, Issue 12 Broussard Physical Therapy ("Broussard") filed a disputed claim for compensation against an employer, Family Dollar Stores, ("Family Dollar"... view full summary | | CRIMINAL
| | 5. | DWI conviction does not require proof of the substance causing the intoxication.
State v. John J. Kestle, 2007-K-1573 (La. 12/2/08) [15 pp.]
From LSCR Volume 16, Issue 12 Trooper Wayne Coates with the Louisiana State Police was dispatched to the scene of an accident on Interstate 10. The trooper found a truck ... view full summary | | JUVENILE
| | 6. | Videotaped statement of minor may not be shown to expert or investigator.
State, In the Interest of A.M., 2008-CK-2493 (La. 11/21/08) [6 pp.]
From LSCR Volume 16, Issue 11 In this juvenile proceeding involving rape of an 8-year-old, with a 12-year-old witness, defendant moved to have both defense counsel and hi... view full summary | | CIVIL PROCEDURE
| | 7. | Late writ application should have been considered by the court of appeal.
State v. Kathryn Goppelt, 08-OK-0576 (La. 10/31/08) [3 pp.]
From LSCR Volume 16, Issue 11 Relator, Kathryn Goppelt, seeks relief from the court of appeal's order denying as "not considered" her application to review her conviction... view full summary | | CRIMINAL
| | 8. | Prior finding of incompetency does not shift the burden from defendant in subsequent hearing.
State v. Gibson, 08-K-0741 (La. 11/10/08) [10 pp.]
From LSCR Volume 16, Issue 11 The State charged defendant by bill of information with aggravated assault on a police officer, La.R.S. S 14:37.2. On two occasions, in Febr... view full summary | | 9. | Nervousness upon seeing police creates reasonable suspicion.
State v. Chanh Huynh 08-KK-1628 (La. 11/10/08) [4 pp.]
From LSCR Volume 16, Issue 11 The State seeks review of an order suppressing evidence. Called to the scene of a fight, the police officer testified that he observed defen... view full summary | | 10. | Death penalty for rape unconstitutional.
State v. Kennedy, 05-KA-1981 (La. 11/21/08) [1 p.]
From LSCR Volume 16, Issue 11 In the Court's previous opinion in State v. Patrick Kennedy, 05-KA-1981 (La. 5/22/07) [reported in June, 2007 LSCR], the Court affirmed the ... view full summary | | ADMINISTRATIVE
| | 11. | Police department ordered to reinstate officer; calculation of back pay depends upon date of medical release to duty.
Shawn Madison v. Department of Police, 2007-C-2405 (La. 10/31/08) [2 pp.]
From LSCR Volume 16, Issue 11 Previously, on writ of certiorari in this case, the Court issued an opinion upholding a New Orleans Civil Service Commission ("Civil Service... view full summary | | TORTS
| | 12. | Shareholder of insurer in liquidation has no right of action for corporate mismanagement.
James H. "Jim" Brown, Comm'r of Insurance v. ANA Ins. Group, 07-C-2116 (La. 10/14/08]
From LSCR Volume 16, Issue 10 The Commissioner of Insurance appeals a judgment in favor of a former shareholder of an insurance company in liquidation. Plaintiff-in-recon... view full summary |
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