| CIVIL PROCEDURE
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| 1. | Court of appeal erred in rendering decision after settlement by parties.
Council of the City of New Orleans v. Sewerage & Water Board, 06-C-1989 (La. 4/11/07) [6 pp.]
From LSCR Volume 15, Issue 4 The Council of the City of New Orleans ("Council") filed suit against, inter alia, the Sewerage and Water Board of New Orleans ("SWB") seeki... view full summary |
| DOMESTIC RELATIONS
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| 2. | Retroactive application of peremptive period for avowal action not unconstitutional.
W.R.M. v. H.C.V, 2006-CA-0702 (La. 3/9/07) [20 pp.]
From LSCR Volume 15, Issue 4 Plaintiff W.R.M. filed a petition to establish his paternity of A.M.V., the 9-year-old child of H.C.V., alleging that he is the biologic... view full summary |
| CRIMINAL
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| 3. | Police pursuit of defendant into a private home does not require a warrant.
State v. Keith Walker, 06-KK-1045 (La. 4/11/07) [14 pp.]
From LSCR Volume 15, Issue 4 The State appeals an order suppressing evidence. Police observed the defendant and another man standing directly in front of a residence at ... view full summary |
| 4. | District court erred in exposing jury to habitual offender allegations.
State v. Gregory Ruiz, 06-KO-1755 (La. 4/11/07) [14 pp.]
From LSCR Volume 15, Issue 4 Defendant was charged by bill of information with distribution of cocaine in violation of La.R.S. S 40:967(A)(1), and possession of cocaine ... view full summary |
| 5. | Codefendants may agree to appeal common issue as part of guilty plea agreement.
State v. Jorgio Mack, 06-K-1722 (La. 4/27/07) [2 pp.]
From LSCR Volume 15, Issue 4 Defendant agreed to plead guilty, adopting his codefendant's motion to suppress evidence, and reserving his right to appeal the district cou... view full summary |
| TORTS
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| 6. | Co-counsel do not owe each other fiduciary duty.
William J. Scheffler, III v. Adams and Reese, 06-CC-1774 (La. 2/22/07) [17 pp.]
From LSCR Volume 15, Issue 3 Plaintiff Scheffler is an attorney who was retained by Boomtown Casino Westbank ("Boomtown") to defend personal injury claims filed against ... view full summary |
| INSURANCE
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| 7. | No duty to defend lawsuit by former partner and co-counsel alleging "malpractice."
Howard P. Elliott v. Continental Casualty Company, 06-CC-1505 (La. 2/22/07) [14 pp.]
From LSCR Volume 15, Issue 3 Plaintiff Howard P. Elliott, Jr. practiced law on various cases together with attorney Madro Bandaries. Fee disputes arose between the two; ... view full summary |
| CIVIL PROCEDURE
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| 8. | Surveillance video not strictly impeachment evidence and must be produced.
Bell v. Treasure Chest Casino, 06-CC-1538 (La. 2/22/07]
From LSCR Volume 15, Issue 3 Plaintiff Bell was allegedly injured when struck in the back with a pushcart operated by Juanita Morgan, an employee of defendant Treasure C... view full summary |
| EVIDENCE
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| 9. | "Prior bad act" evidence admissible.
State v. Randy Rose, 06-K-0402 (La. 2/22/07) [18 pp.]
From LSCR Volume 15, Issue 3 Defendant Rose was charged with second degree murder of his wife, Lisa James Rose. The State filed a notice of intent to use evidence of oth... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 10. | Tax redemption by any person inures to the benefit of the record owner of the property
Sid Hebert, Sheriff v. Katie M. Hollier, 06-C-1077 (La. 3/9/07) [7 pp.]
From LSCR Volume 15, Issue 3 In September, 2002, defendant Katie Hollier purchased a one-tenth ownership interest in a tract of immovable property for the sum of $3,762.... view full summary |
| 11. | Legal issues raised more than 30 days after passage of bond ordinance are perempted.
Naquin v. Lafayette City-parish Consolidated Government, 2006-C-2227 (La. 2/22/07) [29 pp.]
From LSCR Volume 15, Issue 3 Taxpayers of the City of Lafayette moved to invalidate a bonds issued by the Lafayette City-Parish Government ("Lafayette") to develop a sta... view full summary |
| CRIMINAL
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| 12. | Ameliorative changes to criminal penalty does not mean normal sentence is excessive.
State v. Robert, 06-K-1872 (La. 3/9/07) [2 pp.]
From LSCR Volume 15, Issue 3 Defendant appealed his habitual offender sentence as excessive, in light of the ameliorative changes in the penalty for distribution of mari... view full summary |