| STATE AND LOCAL GOVERNMENT
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| 1. | Governmental subdivisions may not contract away their taxing powers.
Hudson v. Bossier City, 05-C-0351c/w 05-C-0352 (La. 4/17/06) [25 pp.]
From LSCR Volume 14, Issue 4 Plaintiffs filed this suit to invalidate revenue-sharing agreements entered into by governmental entities in Bossier Parish. The 1991 Louisi... view full summary |
| TORTS
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| 2. | Summary judgment for paramedics; supervisory writ granted.
Lemann v. Essen Lane Daiquiris, Inc., 2005-CC-1095 (La. 3/10/06) [18 pp.]
From LSCR Volume 14, Issue 3 Plaintiffs filed this suit to recover for the wrongful death of their son Parker, who was allegedly deprived of a chance of survival by para... view full summary |
| BAR / DISCIPLINARY / ETHICS
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| 3. | Rulings off the record, and without a hearing, merit judicial discipline.
In Re: Judge Elloie, 05-O-1499 (La. 1/19/06) [35 pp.]
From LSCR Volume 14, Issue 3 Respondent has served as a judge continuously since 1997. The facts are as follows: Defendant Brown was charged with the second degree m... view full summary |
| CIVIL PROCEDURE
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| 4. | 30 days to apply for supervisory writ not suspended during unauthorized application for rehearing
State v. Crandell, 05-KK- 1060 (La. 3/10/06) [28 pp.]
From LSCR Volume 14, Issue 3 In 1991, a jury found defendant guilty of first degree murder but was unable to reach a unanimous verdict; and defendant was therefore sente... view full summary |
| EVIDENCE
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| 5. | Inculpatory statements to physician, and incriminating test results, not privileged.
State v. Marullo, 05-KK-1921 (La. 3/10/06) [3 pp.]
From LSCR Volume 14, Issue 3 Defendant moved to suppress his statements to the examining physician and blood test showing blood alcohol level when he was brought into th... view full summary |
| WORKERS' COMPENSATION
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| 6. | Emergency physician was claimant's "physician of choice."
Snearl v. Kelly's Industrial Services, 06-CC-0218 (La. 3/17/06) [3 pp.]
From LSCR Volume 14, Issue 3 Claimant Alton Snearl was injured in the course and scope of his employment with Kelly's Industrial Services, Inc. ("Kelly") when a "bush ho... view full summary |
| CRIMINAL
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| 7. | New trial to serve the "ends of justice" is within the trial judge's discretion.
State v. Corey Miller, 2005-K -1111 (La. 3/10/06) [4 pp.]
From LSCR Volume 14, Issue 3 After a jury verdict of conviction, the district court granted the defendant's motion for new trial, finding that the state's illegal suppre... view full summary |
| 8. | Circumstantial evidence of intent sufficient for arson conviction.
State v. Ruben Sosa, 2005-K -0213 (La. 1/19/06) [14 pp.]
From LSCR Volume 14, Issue 3 Defendant Sosa was charged with arson with the intent to defraud. La.R.S. S 14:53. In response to information received about the defendant, ... view full summary |
| 9. | Waiver of counsel in colloquy via satellite video was effective.
State v. Simmons, 05-KK-1462 (La. 3/17/06) [2 pp.]
From LSCR Volume 14, Issue 3 Defendant moved to quash the bill of information against him for second offense DWI, on the ground that the record of the predicate 1995 DWI... view full summary |
| TORTS
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| 10. | Jury manifestly erred in holding parent company liable for negligence of subsidiary.
Bujol v. Entergy Services, 2003-C-0492 (La. 1/19/06) [15 pp.]
From LSCR Volume 14, Issue 2 The Court issued this opinion on rehearing to clarify its prior opinion (reported in June, 2004 LSCR). Plaintiffs filed this suit agains... view full summary |
| 11. | State not liable for condition of "orphaned" oil site; lessor does not automatically obtain ownership of improvements at expiration of lease; establishing controlling precedent.
Giorgio v. Alliance Operating Corporation, 05-C-0002 (La. 1/19/06) [29 pp.]
From LSCR Volume 14, Issue 2 Plaintiffs filed this suit to recover damages for personal injury and property damage when their 38- foot fishing boat allided with pilings ... view full summary |
| CONTRACTS
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| 12. | Builder need not comply with notice requirement of New Home Warranty Act.
Carter v. Glen Duhe, 2005-CC-0390 (La. 1/19/06) [15 pp.]
From LSCR Volume 14, Issue 2 In 1998, plaintiffs the Carters entered into a contract with defendant Duhe for the construction of a new home on property already owned by ... view full summary |