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. | Damages for frivolous appeal not available on writ application.
Zachary Financial v. Darjean, 2008-CC-1673 (La. 10/10/2008) [1 p.]
From LSCR Volume 16, Issue 10 "WRIT GRANTED. Although La. C.C.P. art. 2164 authorizes an award of damages for frivolous appeals, it does not authorize damages for a frivo... view full summary | | 2. | Error for district court to issue declaratory relief after hearing on preliminary injunction.
Herman, Herman, Katz & Cotlar v. State of Louisiana 08-CA-1337 (La. 9/19/08) [3 pp.]
From LSCR Volume 16, Issue 10 Plaintiffs, three law firms and two practicing attorneys in Orleans Parish, filed the instant "Petition for Declaratory Judgment and Permane... view full summary | | CRIMINAL
| | 3. | Pro se petitions that were denied by Fifth Circuit are to be reheard.
State v. Sandra Cordero, 08-KH-1717 (La. 10/3/08) [3 pp.]
From LSCR Volume 16, Issue 10 Defendant Sandra Cordero applied for post-conviction relief, which was denied in the district court. Her pro se application in the Fifth Cir... view full summary | | CONTRACTS
| | 4. | Allegation of theft in order to terminate contract is unfair trade practice.
Miller v. ConAgra, 08-C-0021 (La. 9/8/06) [19 pp.]
From LSCR Volume 16, Issue 9 In 1993, plaintiff Gary L. Miller entered into a "Broiler Production Agreement" with ConAgra, Inc., under the terms of which ConAgra would f... view full summary | | TORTS
| | 5. | Law requiring that pollution damages award be used to remediate pollution is constitutional.
M. J. Farms v. Exxon Mobil Corp., 07-CA-2371 (La. 7/1/08) [38 pp.]
From LSCR Volume 16, Issue 9 Plaintiff M.J. Farms filed suit on April 25, 2006 against numerous defendant oil companies, including Exxon Mobil Corporation, alleging that... view full summary | | CIVIL PROCEDURE
| | 6. | Prior oil royalty litigation not res judicata in dispute over a different tract.
Chevron U.S.A. v. State of Louisiana, 07-C-2469 (La. 9/8/08) [35 pp.]
From LSCR Volume 16, Issue 9 This concursus and declaratory judgment action was filed by Chevron USA, which sought to determine which of two defendants, the Plaquemines ... view full summary | | 7. | Native American tribe validly waived sovereign immunity.
Meyer & Associates v. Coushatta Tribe of Louisiana, 2007-CC-2256 (La. 09/23/08) [30 pp.]
From LSCR Volume 16, Issue 9 Beginning in December, 2001, the Coushatta Tribe of Louisiana ("Tribe") and Meyer & Associates ("Meyer") entered into various agreements for... view full summary | | JUVENILE
| | 8. | Unexplained traumatic injuries provides reasonable ground for state custody.
State, in the Interest of L.B., 08-CJ-1539 (La. 7/25/08) [4 pp.]
From LSCR Volume 16, Issue 9 The Office of Community Services filed a verified complaint requesting an instanter order seeking to place the minor child, 7-month-old L.B.... view full summary | | STATE AND LOCAL GOVERNMENT
| | 9. | Ordinance allowing lawsuit to collect property taxes, plus collection costs, unconstitutional.
Fransen v. City of New Orleans, 08-CA-0076 c/w 08-CA-0087 (La. 7/1/08) [25 pp.]
From LSCR Volume 16, Issue 9 The New Orleans City Council adopted Ordinance No.18637, regarding the collection of ad valorem property taxes, permitting the City to impos... view full summary | | CRIMINAL
| | 10. | Adult-onset mental retardation not a defense to death penalty; capital conviction affirmed.
State v. Anderson, 06-KA-2987 (La. 9/9/08) [69 pp.]
From LSCR Volume 16, Issue 9 Defendant killed an 85-year-old woman, for whom he was doing yard work. She was stabbed 10 times, and then beaten in the head with a drinkin... view full summary | | 11. | State's failure to disclose statement did not merit sanctions.
State v. Forest, 08-KK-1747 (La. 7/24/08) [3 pp.]
From LSCR Volume 16, Issue 9 Defendant was charged with murder. The State and the defense exchanged discovery without any formal discovery motions being filed, and the S... view full summary | | 12. | Right of confrontation does not constitute "good cause" to subpoena crime victim for hearing.
State v. Conerly, 08-KK-2024 (La. 8/27/08) [1 p.]
From LSCR Volume 16, Issue 9 "Writ granted. ... Although the Louisiana Constitution recognizes the right of a defendant to confront his accuser before trial, La. Const. ... view full summary |
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