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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| 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 | View next 12 articles
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