LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 2316 through 2328
Archive of LSCR Articles

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

1.Court of appeal erred in ordering respondent to submit additional evidence.
B.W.S., Jr. v. Livingston Parish School Board, 06-CC-1981 (La. 8/16/06) [4 pp.]
From LSCR Volume 14, Issue 9
          In November, 2005, M.T.S., then an eighth grade student at a Livingston Parish junior high school, was expelled from school for 12 months. I... view full summary
STATE AND LOCAL GOVERNMENT

2."Loan of public funds" construed; overruling controlling precedent.
Industrial Development Board v. All Taxpayers, 2005-C-2298 (La. 9/6/06) []
From LSCR Volume 14, Issue 9
          In 2005, the City of Gonzales (the "City") adopted an ordinance creating a "Gonzales Economic Development District" run by the City Industri... view full summary
CONSTITUTIONAL LAW

3.Governor has the power to pardon the civil effects of foreign convictions.
Max Malone v. Joe Shyne, 2006-C- 2190 (La. 9/13/2006) [46 pp.]
From LSCR Volume 14, Issue 9
          Defendant Joe Shyne was convicted of a federal felony in 1994, when he pled guilty to the crime of extortion by a public official. He served... view full summary
WORKERS' COMPENSATION

4.Gross or wanton negligence is not intentional conduct under the WCA.
Simoneaux v. Excel Group, 06-CC-1050 (La. 9/1/06) [3 pp.]
From LSCR Volume 14, Issue 9
          Plaintiff Simoneaux was on the job installing conduit at the Dow plant in Plaquemine, Louisiana. As plaintiff bent down to retrieve a tool, ... view full summary
CRIMINAL

5.On remand from the Supreme Court, Batson challenge rejected again.
State v. Allen Snyder, 1998-KA-1078 (La. 9/6/06) [40 pp.]
From LSCR Volume 14, Issue 9
          Defendant was convicted of first degree murder and sentenced to death.
On direct appeal, the Court ultimately affirmed defendant's convi... view full summary
TORTS

6.Defamation fault standard is negligence; conditional privilege construed; establishing controlling precedent.
Kennedy v. Sheriff of East Baton Rouge, 05-C-1418 (La. 7/10/06) [33 pp.]
From LSCR Volume 14, Issue 8
          In this thorough opinion, the Court finally resolves issues of modern defamation law that have been unanswered since New York Times v. Sulli... view full summary
7.Loss of enjoyment of life can be a separate item of damages in Louisiana.
McGee v. A C and S Inc., 05-CC-1036 (La. 7/10/06) [26 pp.]
From LSCR Volume 14, Issue 8
          Plaintiffs, the widow and children of James McGee, filed the instant wrongful death and survival actions against, inter alia, decedent's for... view full summary
EVIDENCE

8.Suicide note not admissible as "dying declaration"; writ granted.
Garza v. Delta Tau Delta Fraternity, 05-CC-1508 (La. 7/10/06) [35 pp.]
From LSCR Volume 14, Issue 8
          The parents of student Courtney Garza filed suit against, inter alia, defendants Paul Upshaw and Delta Tau Delta ("DTD"), alleging that Garz... view full summary
MEDICAL MALPRACTICE

9.No medical negligence by delivery team.
Salvant v. State, Bd. of Sup. of LSU, 05-C-2126 (La. 7/6/2006) [23 pp.]
From LSCR Volume 14, Issue 8
          Plaintiff Salvant was admitted to the Medical Center of Louisiana for delivery of her baby. The baby's position was ROA, or right occiput an... view full summary
INSURANCE

10.Ambiguous policy allows higher, "per-person" coverage.
Hill v. Shelter Mutual Ins. Co., 05-C-1783 (La. 7/10/06) [9 pp.]
From LSCR Volume 14, Issue 8
          Decedent Cannon was a guest passenger in a vehicle driven by his wife, Kathleen Cannon, and insured by Shelter Mutual Insurance Company, whe... view full summary
CIVIL PROCEDURE

11.Without proving standing, default declaratory judgment is erroneous.
In Re: Joseph Melancon, 05-CA-1702 (La. 7/10/06) [11 pp.]
From LSCR Volume 14, Issue 8
          Plaintiff Melancon alleged in his petition that he had filed a worker's compensation claim, and that his employer, PCS, had filed an action ... view full summary
CRIMINAL

12.Multiple, un-Mirandized jailhouse statements admissible; capital conviction affirmed.
State v. Donald Lee Leger, Jr., 2005-KA-0011 (La. 7/10/06) [112 pp.]
From LSCR Volume 14, Issue 8
          The testimony at the capital murder trial of defendant Leger was as follows: Leger had had an affair with Kimberly Zimmerman during her sepa... view full summary
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