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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| SUCCESSIONS
| | 1. | Heirs with standing to revoke a donation also have standing to enforce it.
Howard v. Administrator, Tulane Educational Fund, 2007-C-2224 (La. 01/07/08) [23 pp.]
From LSCR Volume 16, Issue 7 In 1886, Josephine Louise LeMonnier Newcomb ("Mrs. Newcomb") donated $100,000 to the Administrators of the Tulane Educational Fund of Tulane... view full summary | | MEDICAL MALPRACTICE
| | 2. | Three-year MMA limitations period is prescriptive, not peremptive;
overruling recent precedent. Minos Borel v. Dr. Clinton Young, 07-C-0419 (La. 7/1/08) [51 pp.]
From LSCR Volume 16, Issue 7 In April, 1999, an ultrasound disclosed the presence of a mass in the left lower abdomen of Mary Borel. Dr. Castor recommended surgery. Mrs.... view full summary | | CIVIL PROCEDURE
| | 3. | De novo review not applicable on appeal from damages verdict of zero.
Marcus Ryan v. Zurich American Ins. Co., 07-C-2312 (La. 7/1/08) [19 pp.]
From LSCR Volume 16, Issue 7 Plaintiff Marcus Ryan was injured when his vehicle was struck from behind by an 18-wheeler. After 10 weeks of chiropractic treatment, Ryan w... view full summary | | 4. | Offer of judgment construed.
Joseph Sher v. Lafayette Ins. Co., 07-C-2441 c/w 07-C-2443 (La. 7/7/08) (on rehearing) [3 pp.]
From LSCR Volume 16, Issue 7 The Court granted a rehearing for the sole purpose of reconsidering plaintiff's claim for court costs pursuant to La. Code Civ. P. art. 970.... view full summary | | 5. | Judgment holding statute unconstitutional must be based upon legal ground that was pled by the parties.
State v. Ray Hatton, 07-KA-2377 (La. 7/1/08) [20 pp.]
From LSCR Volume 16, Issue 7 Defendant Hatton was charged by a bill of information with two counts of "Computer-Aided Solicitation for Sexual Purposes" in violation of L... view full summary | | ADMINISTRATIVE
| | 6. | LPSC order that power company refund excessive charges is not "ratemaking."
Entergy Louisiana v. La. Public Service Comm'n, 08-CA-0284 (La. 7/1/08) [21 pp.]
From LSCR Volume 16, Issue 7 Plaintiff Entergy Corporation owns six public utilities ("the Operating Companies"), including plaintiff Entergy Louisiana, which produce an... view full summary | | CRIMINAL
| | 7. | Multiple convictions arising from one crime may all be enhanced under Habitual Offender Law;
overruling controlling precedent. State v. Shaw, 06-KO-2467 (La. 11/27/07) [26 pp.]
From LSCR Volume 16, Issue 7 The prosecution of defendant Shaw stems from a criminal episode involving his former girlfriend, in which he intentionally rammed his car in... view full summary | | 8. | Arrest warrant for failure to appear interrupts continuously the 2- year speedy trial period;
resolving a split in the circuits. State v. Lionel Romar, 2007-K-2140 (La. 01/07/08) [8 pp.]
From LSCR Volume 16, Issue 7 After pleading not guilty to DWI (third offense), defendant Lionel Romar failed to show up for his trial dates on April 20 and June 15, 1998... view full summary | | TORTS
| | 9. | Toxic tort on a vessel prescribed; 1-year period governs.
Denoux v. Vessel Management Services, 07-C-2143 (La. 5/21/08) [18 pp.]
From LSCR Volume 16, Issue 6 Plaintiffs are former employees of Vessel Management Services ("VMS"), who allegedly suffered injuries from exposure to toxic fumes between ... view full summary | | CIVIL PROCEDURE
| | 10. | Error not to allow discovery before sustaining exception.
Bridges v. Hertz Equipment Rental, 08-C-0400 (La. 6/20/08) [4 pp.]
From LSCR Volume 16, Issue 6 The Louisiana Department of Revenue filed this suit to collect sales and use taxes from the taxpayer, Hertz Equipment Rental Corp. ("HERC").... view full summary | | 11. | Application for rehearing in court of appeal does not extend deadline for applying for supervisory writ.
K.A.E.M. v. J.M.C.,08-CJ-1171 (La. 6/20/08) [2 pp.]
From LSCR Volume 16, Issue 6 Relator applied in the court of appeal for a supervisory writ, which was denied on March 5, 2008. Relator applied in the court of appeal for... view full summary | | CRIMINAL
| | 12. | Dropping a bag of marijuana is obstruction of justice.
State v. Ellery C. Jones, 2007-K-1052 (La. 03/06/08) [20 pp.]
From LSCR Volume 16, Issue 6 At issue is whether the evidence at trial supports a conviction of obstruction of justice. Deputy Cody Portier observed a group of people dr... view full summary |
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