| STATE AND LOCAL GOVERNMENT
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| 1. | City may not be compelled to pay judgment out of fund established to pay judgments.
The Newman Marchive Partnership v. City of Shreveport, 07-C-1890 (La. 4/8/08) [12 pp.]
From LSCR Volume 16, Issue 4 The Newman Marchive Partnership, Inc. ("Newman") sued the City of Shreveport ("the City") for breach of contract relative to renovations to ... view full summary |
| 2. | Court fee to subsidize police force unconstitutional.
State v. Kenneth Lanclos, 07-OK-0082 c/w 07-KA-0716 (La. 4/8/08) [16 pp.]
From LSCR Volume 16, Issue 4 The Greater New Orleans Expressway Commission ("GNOEC") polices the Huey P. Long Bridge and the Lake Pontchartrain Causeway Bridge. Sect... view full summary |
| CRIMINAL
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| 3. | Sanction imposed for violation of grand jury secrecy.
State v. Amanda Gutweiler a/k/a Amanda Hypes 06-K-2596 (La. 4/8/08) [24 pp.]
From LSCR Volume 16, Issue 4 The pretrial status of this criminal case concerns sanctions imposed by the district court against the State for breaching grand jury secrec... view full summary |
| 4. | Supervisory writ granted; order suppressing evidence reversed.
State v. Brent Fearheiley 08-KK-0307 (La. 4/18/08) [3 pp.]
From LSCR Volume 16, Issue 4 A police officer observed the independent, yet complementary and simultaneous actions by defendant and another person, conducting an apparen... view full summary |
| ADMINISTRATIVE
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| 5. | Police Officer should have been placed on medical leave and not terminated following Katrina.
Shawn Madison v. Department of Police, 07-C-2405 (La. 4/4/08) [7 pp.]
From LSCR Volume 16, Issue 4 Relator Shawn Madison is one of several employees of the New Orleans Police Department ("NOPD") who did not report for duty as scheduled fol... view full summary |
| INSURANCE
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| 6. | Signed UM waiver form that was back-filled and backdated is invalid.
Gray v. American National Prop. & Cas. Co., 07-CC-1670 (La. 2/26/08) [22 pp.]
From LSCR Volume 16, Issue 3 Plaintiff William Gray, a school bus driver for the Beauregard Parish School Board, sustained personal injuries in a 2003 accident while he ... view full summary |
| CONTRACTS
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| 7. | Manufacturer of mobile home liable in redhibition for bad faith damages.
Aucoin v. Southern Quality Homes, 07-C-1014 (La. 2/26/08) [25 pp.]
From LSCR Volume 16, Issue 3 Plaintiffs the Aucoins purchased a mobile home and land from Southern Quality Homes ("seller") in July, 2001 for $96,980.00. The mobile home... view full summary |
| 8. | For a suit to be on "open account," it is not necessary to have multiple transactions.
Frey Plumbing Co. v. Celeste Foster 07-CC-1091 (La. 2/26/08) [7 pp.]
From LSCR Volume 16, Issue 3 Defendant Celeste Foster hired Frey Plumbing, Inc. ("Frey") to repair an underground pipe at her residence. Frey issued an invoice in the am... view full summary |
| MEDICAL MALPRACTICE
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| 9. | Medical review panel opinion satisfies defendant's burden on summary judgment.
Samaha v. Rau, 07-C-1726 (La. 2/26/08) [18 pp.]
From LSCR Volume 16, Issue 3 Plaintiff Samaha underwent thyroid surgery performed by defendant Dr. David J. Rau. Plaintiff filed a claim under the MMA, alleging that she... view full summary |
| TORTS
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| 10. | Lessor liable for nuisance caused by lessee's business.
Yokum v. 615 Bourbon Street, 07-C-1785 (La. 2/26/08) [29 pp.]
From LSCR Volume 16, Issue 3 Plaintiffs reside at 723 Toulouse Street in New Orleans, in close proximity to 615-617 Bourbon Street ("the property"). The entity "615 Bour... view full summary |
| BAR / DISCIPLINARY / ETHICS
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| 11. | Ex parte contact with judge is unethical, even when reporting attorney misconduct.
In Re: Richard E. Lee, 07-B-2061 (La. 2/26/08) [12 pp.]
From LSCR Volume 16, Issue 3 Respondent, attorney Richard E. Lee, served as a judge of the Pineville City Court for 8 years and of the 9th Judicial District Court for 11... view full summary |
| DOMESTIC RELATIONS
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| 12. | Res judicata construed with URESA and UIFSA.
v. John Melvin Watkins, 07-CJ-1487 (La. 2/26/08) [ pp.]
From LSCR Volume 16, Issue 3 Defendant John Watkins was divorced from his wife Shirley in California in 1978, and ordered to pay child support of $160 per month. Defenda... view full summary |