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. | Products liability jurisprudence involving similar product does not relieve plaintiff of burden of proof.
Goldie Jack v. Alberto-Culver USA, Inc., 06-C-1883 (La. 2/22/07) [5 pp.]
From LSCR Volume 15, Issue 2 Plaintiff, Goldie Jack, purchased a package of hair texturizer manufactured and produced by defendant, Alberto-Culver USA, Inc. Plaintiff's ... view full summary | | CIVIL PROCEDURE
| | 2. | Batson/Edmonson objections in civil jury trials construed; resolving a split in the circuits.
Harold Alex, Jr. v. Rayne Concrete Service, 05-C-1457 c/w 05-C-2344 (La. 1/26/07) [44 pp.]
From LSCR Volume 15, Issue 2 Harold Alex, Jr. ("Alex") brought suit against Rayne Concrete Service ("Rayne Concrete") and its insurer, alleging a work-related injury to ... view full summary | | 3. | Every ground for unconstitutionality must be briefed, and not simply pled, in the district court.
Arrington v. Galen-Med, Inc., 06-C-2923 (La. 2/2/07) [4 pp.]
From LSCR Volume 15, Issue 2 Taylor v. Clement, 06-C-2518 (La. 2/2/07) [5 pp.] In the Arrington matter, plaintiffs filed the instant suit against, inter alia, Lake Area ... view full summary | | 4. | Discussion of unconstitutionality in reasons for judgment is not a declaration of unconstitutionality.
Carmena v. East Baton Rouge Sheriff's Office, 06-CA-2680 (La. 2/2/07) [2 pp.]
From LSCR Volume 15, Issue 2 Defendant in this civil case excepted on the ground of prescription, arguing, inter alia, that certain executive orders of the governor (KBB... view full summary | | STATE AND LOCAL GOVERNMENT
| | 5. | Reduction of sentences pursuant to ameliorative legislation falls to executive branch.
State v. Wesley Dick, 2006-KP-2223 c/w 2006-KP-2226 (La. 1/26/07) [24 pp.]
From LSCR Volume 15, Issue 2 In these consolidated cases, defendants Dick and Smith were found guilty of distribution of heroin, and were sentenced to life imprisonment.... view full summary | | CRIMINAL
| | 6. | Warrantless search of containers incident to arrest is permissible.
State v. Talvin Warren, 05-KK-2248 (La. 2/22/07) [30 pp.]
From LSCR Volume 15, Issue 2 Defendant Warren was charged with possession of marijuana with intent to distribute, and moved to suppress the evidence. Officer Buscaino wa... view full summary | | 7. | State's nondisclosure of deal not to prosecute witness's son not reversible error.
State v. Lacaze, 06-KP-1059 (La. 2/2/07) [2 pp.]
From LSCR Volume 15, Issue 2 Defendant applied for post-conviction relief after learning that the State had agreed with a witness not to prosecute the his son, in return... view full summary | | TORTS
| | 8. | Entergy liable for house fire; "clear and convincing evidence" standard does not apply.
Hanks v. Entergy Corporation, 2006-C-0477 (La. 12/18/07) [33 pp.]
From LSCR Volume 15, Issue 1 Lightning from a thunderstorm in Union Parish, Louisiana destroyed the electrical transformer serving a lake house, resulting in a fire that... view full summary | | 9. | Jury verdict for defense affirmed, despite presumption of causation.
Michelle Detraz v. Victor Lee d/b/a Virgin Nails, 2005-C-1263 (La. 1/17/07) [23 pp.]
From LSCR Volume 15, Issue 1 Plaintiff Detraz received a pedicure at Virgin Nails in Lafayette, Louisiana. Several days after receiving the pedicure, Ms. Detraz develope... view full summary | | CONTRACTS
| | 10. | Bond-for-deed transaction activates due-on-sale clause.
Jeffrey S. Levine v. First National Bank of Commerce, 06-C-0394 c/w 06-C-0439 (La. 12/15/06) [23 pp.]
From LSCR Volume 15, Issue 1 Plaintiff Levine purchased a home at Gretna, Louisiana, in 1996, granting a mortgage on the property to First National Bank of Commerce ("Ba... view full summary | | CIVIL PROCEDURE
| | 11. | Venue against state agency is normally in East Baton Rouge.
Colvin v. Louisiana Patient's Compensation Fund Oversight Board, 2006-C-1104 (La. 1/17/07) [ 22 pp.]
From LSCR Volume 15, Issue 1 Plaintiffs in these consolidated cases reside in Bossier Parish, and suffered damages as a result of medical malpractice that occurred in Bo... view full summary | | CRIMINAL
| | 12. | Agreement not to prosecute not vitiated by defendant's guilty plea to pre-agreement criminal behavior.
State v. Cardon, 2006-KK-2305 (La. 1/12/07) [2 pp.]
From LSCR Volume 15, Issue 1 Defendant and the district attorney entered into an agreement not to prosecute, with the condition that defendant not commit a "new" offense... view full summary |
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