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. | On rehearing: Dismissal of DOTD does not require reallocation of fault. Hebert v. Rapides Parish Police Jury, 06-C-2001 (La. 4/11/07) (on rehearing) [10 pp.] From LSCR Volume 16, Issue 1 Plaintiffs the Heberts brought a wrongful death and survival action against the State through DOTD and the Rapides Parish Police Jury ("RPPJ... view full summary | | MEDICAL MALPRACTICE
| | 2. | MMA cap on total damages does not reduce every defendant's liability. Nora Miller v. Lammico, 07-C-1352 (La. 1/16/08) [30 pp.] From LSCR Volume 16, Issue 1 Plaintiff Nora Miller sued defendant Dr. Biddle in medical malpractice after she became massively infected following the birth of her child.... view full summary | | CIVIL PROCEDURE
| | 3. | Family courts have exclusive jurisdiction of dating violence cases. Welborn v. 19th Judicial District Court, 07-C-1087 c/w 07-C-1202 (La. 1/16/08) [18 pp.] From LSCR Volume 16, Issue 1 Plaintiff Doug Welborn is the Clerk of Court of the 19th Judicial District Court. Pursuant to his statutory duties, the clerk was randomly a... view full summary | | STATE AND LOCAL GOVERNMENT
| | 4. | "Further processing" exception to sales and use taxes construed. International Paper v. Bridges 07-C-1151 (La. 1/16/08] From LSCR Volume 16, Issue 1 Plaintiff International Paper ("IP"), a paper manufacturer, applied to the Department of Revenue ("DOR") for a refund of sales and use taxes... view full summary | | DOMESTIC RELATIONS
| | 5. | Survivor benefits under pension plan are not community property; overruling controlling precedent.
Louisiana State Employees v. McWilliams, 06-C-2191 c/w 06-C-2204 [La.
12/7/07] From LSCR Volume 15, Issue 12 This concursus proceeding was initiated by the Louisiana State Employees Retirement System ("LASERS"). In 1972, during the existence of the ... view full summary | | 6. | Repeated violations of custody decree constitute a "change in circumstances." Cook v. Cook, 07-CJ-2091(La. 12/14/07) [6 pp.] From LSCR Volume 15, Issue 12 Christi and Porter Cook were married in 1987, and had four children. In 2001, the couple separated. Following the separation, Christi entere... view full summary | | CRIMINAL
| | 7. | Habitual offender still eligible for parole. State v. Davis, 07-KO-1208 (La. 12/14/07) [1 p.] From LSCR Volume 15, Issue 12 Writ of certiorari granted in part. The district court sought to conform defendant's sentence to the requirements of La.R.S. Section 15:529.... view full summary | | CONTRACTS
| | 8. | Article 9 security interest lost after collateral was brought to Louisiana. First National Bank of Picayune v. Pearl River Fabricators, 06-CC-2195 (La. 11/16/07) [30 pp.] From LSCR Volume 15, Issue 11 Defendant Pearl River Fabricators, a corporation in Picayune, Mississippi, borrowed $200,000 from the First National Bank of Picayune (FNB) ... view full summary | | CIVIL PROCEDURE
| | 9. | Service requested on state defendants through incorrect agent is invalid; case dismissed. Johnson v. University Medical Center in Lafayette, 07-CC-1683 (La. 11/21/07] From LSCR Volume 15, Issue 11 Defendants seeks review of the denial of their motion to dismiss. On March 15, 2006, plaintiff filed the instant petition for damages agains... view full summary | | 10. | Katrina prescription statutes apply, and not contra non valentem. Hunter Harris v. Elizabeth Stogner, 07-CC-1451 (La. 11/9/07) [3 pp] From LSCR Volume 15, Issue 11 On October 14, 2002, plaintiff, Hunter Harris, filed the instant suit against defendants, who filed their answer on December 20, 2002. There... view full summary | | CRIMINAL
| | 11. | Capital conviction reversed: State struck juror expressly because of race. State v. Robert Glen Coleman, 06-KA-0518 (La. 11/2/07) [13 pp.] From LSCR Volume 15, Issue 11 Defendant Coleman was indicted by a grand jury for first degree murder and attempted first degree murder, found guilty, and sentenced to dea... view full summary | | 12. | Search warrant for a premises does not give authority to search all persons present. State v. Boyer, 2007-K-0476 (La. 10/16/07) [32 pp.] From LSCR Volume 15, Issue 11 The defendant appeals the denial of his motion to suppress. Lafourche Parish police had identified Antonio Tillman as a drug distributor. In... view full summary | View next 12 articles
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