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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| TORTS
| | 1. | Supplemental jury instruction did not taint verdict; Exxon liable for acid release.
Adams v. Rhodia, Inc., 07-C-2110 (La. 5/21/08) [18 pp.]
From LSCR Volume 16, Issue 5 Plaintiff Larry Adams, an employee of Rhodia, Inc., was seriously injured on the job when a sulfuric acid storage tank overpressurized, caus... view full summary | | INSURANCE
| | 2. | Family's wrongful death claims are capped by the "Each Person" policy limit.
Hebert v. Webre, 08-CC-0060 (La. 5/21/08) [13 pp.]
From LSCR Volume 16, Issue 5 Decedent Christopher Hebert ("Hebert"), was killed in an automobile accident and was survived by his wife, Tara, and their three minor child... view full summary | | 3. | "Total loss" statute does not require insurer to pay noncovered losses.
Landry v. Louisiana Citizens Property Ins. Co., 07-C-1907 c/w 07-C-1908 (La. 5/21/08) [28 pp.]
From LSCR Volume 16, Issue 5 This opinion interprets La.R.S. S 22:695, which is res nova before the Court: Under any fire insurance policy if the insurer places a valuat... view full summary | | CONSTITUTIONAL LAW
| | 4. | Statute cutting off Katrina tort claims against government is unconstitutional.
Melvin J. Burmaster v. Plaquemines Parish Government, 07-CA-2432 (La. 5/21/08) [28 pp.]
From LSCR Volume 16, Issue 5 Plaintiff Burmaster, a resident of Plaquemines Parish, suffered property damage from Hurricane Katrina. He filed suit against Plaquemines Pa... view full summary | | CRIMINAL
| | 5. | Rejected Batson challenge reversed by U.S. Supreme Court.
State v. Allen Snyder, 98-KA-1078 (La. 4/30/2008)
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From LSCR Volume 16, Issue 5 In State v. Allen Snyder, 1998-KA-1078 (La. 9/6/06), reported in September, 2006 LSCR, on remand from the U.S. Supreme Court with instructio... view full summary | | 6. | No invocation of Fifth Amendment rights.
State v. Richard Prosper, 08-KK-0839 (La. 5/14/08) [2 pp.]
From LSCR Volume 16, Issue 5 Police were interrogating defendant regarding the location of guns that the police sought as evidence. During police interrogation, in respo... view full summary | | 7. | Defendant surrendered privacy rights by hiding bag on neighbor's property.
State v. Marty Smith, 2008-KK-0515 (La. 5/2/08) [1 p.]
From LSCR Volume 16, Issue 5 Writ granted. "Even assuming, arguendo, that defendant's consent to search his home and vehicle did not encompass personal effects located e... view full summary | | 8. | DWI "pretrial diversion" record may not be expunged for 5 years; statute constitutional.
State v. Alexander Granger 07-KA-2285 (La. 5/21/08) [22 pp.]
From LSCR Volume 16, Issue 5 Defendant was charged by bill of information with driving while intoxicated ("DWI") , first offense, in violation of La.R.S. S 14:98(B). He ... view full summary | | 9. | Capital conviction affirmed.
State v. Laderrick Campbell, 06-KA-0286 (La. 5/21/08) [117 pp.]
From LSCR Volume 16, Issue 5 Defendant was accused of shooting to death, with a 12-gauge shotgun, a liquor store clerk during a robbery, in front of multiple witnesses w... view full summary | | TORTS
| | 10. | Liability of employer's UM insurer reduced by amount of workers' compensation benefits.
Eugene Bellard v. American Central Ins. Co., 07-C-1335 c/w 07-C-1399 (La. 4/18/08) [39 pp.]
From LSCR Volume 16, Issue 4 The question presented is whether plaintiff's employer's UM carrier is entitled to a credit for medical and disability wage benefits paid on... view full summary | | INSURANCE
| | 11. | Flood damage not covered, but structural damage is; statutory penalties imposed.
Joseph Sher v. Lafayette Insurance Company, 07-C-2441 c/w 2007-C -2443 (La. 4/8/08) [40 pp.]
From LSCR Volume 16, Issue 4 Plaintiff Joseph Sher owned and lived in a five-unit apartment building in New Orleans at 1410 Broadway Street. Sher was issued a commercial... view full summary | | 12. | Liability of LIGA for asbestosis claims construed.
Southern Silica of Louisiana v. LIGA, 07-CA-1680 (La. 4/8/08) [13 pp.]
From LSCR Volume 16, Issue 4 Plaintiff Southern Silica of Louisiana ("Southern Silica") alleges that it has been named as defendant in approximately 500 silicosis suits ... view full summary |
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