LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 2304 through 2316
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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CONTRACTS

1.Stipulations pour autrui construed; distinguishing prior precedent.
Dr. Willie John Joseph v. Hospital Service District No. 2, 05-C-2364 (La. 10/17/06) [15 pp.]
From LSCR Volume 14, Issue 10
          Plaintiffs St. Mary Anesthesia Associates, Inc. (SMAA), and two employees/shareholders of SMAA, Drs. Joseph and Brumfield, filed suit to rec... view full summary
MEDICAL MALPRACTICE

2.Failure to inform patient of material risk was not malpractice.
Sonja Jackson v. State of Louisiana, 05-C-2021 (La. 9/29/06) [4 pp.]
From LSCR Volume 14, Issue 10
          Plaintiff filed suit against the State of Louisiana and E. A. Conway Medical Center for damages after a scheduled surgery, to remove a uteri... view full summary
3.LeBreton case is retroactive; exception of prescription granted.
Delbert W. Bush v. National Health Care of Leesville, 05-C-2477 (La. 10/17/06]
From LSCR Volume 14, Issue 10
          Plaintiffs filed this suit on behalf of their minor son, Daniel, to recover damages for medical malpractice arising out of treatment that wa... view full summary
4.Malpractice jury verdict for defense affirmed.
Yata Jackson v. Tulane Medical Center Hospital, 05-C-1594 (La. 10/17/06) [18 pp.]
From LSCR Volume 14, Issue 10
          Plaintiff Jackson was referred by her treating obstetrician to Tulane Medical Center Hospital for evaluation of her pre-eclampsia. A second-... view full summary
BAR / DISCIPLINARY / ETHICS

5.Allegations should not be "deemed admitted" because attorney's response is untimely.
In Re: Willard James Brown, Sr., 06-B-0895 (La. 10/17/05]
From LSCR Volume 14, Issue 10
          The Office of Disciplinary Counsel ("ODC") filed one count of formal charges against respondent Brown, alleging that he neglected a client's... view full summary
TORTS

6.Employer/tortfeasor's self-insurance program is not a collateral source; prior medical payments to plaintiff must be credited to tortfeasor.
Charles Albert v. Farm Bureau Ins. Co., 05-C-2496 (La. 10/17/06]
From LSCR Volume 14, Issue 10
          Plaintiffs Charles Albert and his wife filed this suit to recover damages for personal injuries that Deputy Albert suffered while taking a s... view full summary
STATE AND LOCAL GOVERNMENT

7.Peremptive period for challenging revenue bonds construed.
Denham Springs Econ. Dev. Dist. v. All Taxpayers, 05-C-2274 (La. 10/17/06) [35 pp.]
From LSCR Volume 14, Issue 10
          [Note: This case deals with the procedural issues of revenue bonds, and not with the merits of the development project itself.] Plaintiff th... view full summary
CRIMINAL

8.Post-conviction application properly dismissed without hearing.
State v. Alan B. James, 05KP2512 (La. 9/29/06) []
From LSCR Volume 14, Issue 10
          In this post-conviction application for relief, defendant raised the issue of ineffective assistance of counsel, alleging that his counsel r... view full summary
CONTRACTS

9.Waivable building restrictions are enforceable immovable property rights.
Wayne Cosby v. Holcomb Trucking, 2005-C-0470 (La. 9/6/06) [22 pp.]
From LSCR Volume 14, Issue 9
          Plaintiffs, property owners in Wedgewood Acres Subdivision filed this suit to enforce building restrictions prohibiting commercial activitie... view full summary
TORTS

10.Res ipsa loquitur applies in products liability.
Kevin D. Lawson v. Mitsubishi Motor Sales, 2005-CC-0257 (La. 9/26/06) [35 pp.]
From LSCR Volume 14, Issue 9
          Plaintiff Lawson purchased a used 1996 Mitsubishi Galant "program car" with 21,930 miles. Two years after the purchase, Lawson honked the ho... view full summary
INSURANCE

11.Extension of Katrina and Rita prescription constitutional as applied to nonfederal insurance.
State v. All Property and Casualty Ins. Carriers, 06-CD-2030 (La. 8/25/06) [24 pp.]
From LSCR Volume 14, Issue 9

          On August 29, 2005, Hurricane Katrina devastated the Gulf South region of the United States. On September 25, 2005, Hurricane Rita hit t... view full summary
CIVIL PROCEDURE

12.Confirmation of default without notice constitutes ill practice.
Power Marketing Direct v. Chris Foster, 2005-C- 2023 (La. 9/6/06) [23 pp.]
From LSCR Volume 14, Issue 9
          Defendant Foster signed a licensing contract in 2001 with Power Marketing ("PM"), granting Foster the exclusive right to sell PM's furniture... view full summary
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