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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| INSURANCE
| | 1. | Insurer not liable for interest on judgment in excess of policy limits.
Terry Leblanc v. Gail B. Aysenne, 05-C-0297 (La. 1/19/06) [11 pp.]
From LSCR Volume 14, Issue 2 Plaintiff LeBlanc was involved in a motor vehicle accident with defendant Aysenne. Plaintiff filed suit against Aysenne, her insurer, and Le... view full summary | | CIVIL PROCEDURE
| | 2. | Venue for wrongful death proper where decedent died, not where injuries occurred.
Jessica Wharton v. Michael Ridgell, 2005-CC-0069 (La. 1/19/06) [13 pp.]
From LSCR Volume 14, Issue 2 Plaintiff's child Savannah suffered personal injuries in an automobile-pedestrian accident in Tangipahoa Parish. As a result of injuries suf... view full summary | | 3. | Filing of motion for new trial and for appeal excuses failure to comply with compulsory court order; judgment of contempt reversed.
Lang v. Asten, Inc., 05-C-1119 (La. 1/13/06) [4 pp.]
From LSCR Volume 14, Issue 2 The district court issued an order requiring that third-party defendant insurers provide their insureds a "full and complete defense," while... view full summary | | STATE AND LOCAL GOVERNMENT
| | 4. | Home rule municipality may ban cock fighting, even if state law does not.
Claddie Savage d/b/a Piney Woods Game Club v. Prator, 04-C-2904 (La. 1/19/06) [12 pp.]
From LSCR Volume 14, Issue 2 Plaintiffs sued for declaratory and injunctive relief after being informed by the Caddo Sheriff's Office that a pre-existing parish ordinanc... view full summary | | CRIMINAL
| | 5. | Inchoate sexual battery is a crime in Louisiana.
State v. Trackling, 04-K-3222 (La. 1/19/06) [11 pp.]
From LSCR Volume 14, Issue 2 Defendant was charged with placing his hand under the shorts of a 12-year-old and rubbing her vagina twice, but without reaching inside her ... view full summary | | 6. | Defense striking pro-death juror was a Batson violation; capital conviction affirmed.
State v. Anthony Scott, 2004-KA-1312 (La. 1/19/06) [95 pp.]
From LSCR Volume 14, Issue 2 Defendant Scott was convicted of the double murder of two bank tellers in Assumption Parish. Surveillance video tape showed Scott, in his la... view full summary | | 7. | Discovery of Brady material allows untimely filing for post-conviction relief.
State ex rel. Walker v. State of Louisiana, 04-KH-0714 (La. 1/27/06) [1 p.]
From LSCR Volume 14, Issue 2 "Writ granted ... . Relator's discovery of arguably suppressed evidence allows his untimely filing without regard to his diligence vel non i... view full summary | | 8. | Post-conviction relief on Brady claim reversed on supervisory writ.
State v. Sholes, 05-KP-1290 (La. 1/9/06) [1 p.]
From LSCR Volume 14, Issue 2 "Writ granted. The district court's judgment granting relator postconviction relief is vacated and relator's conviction and sentence are rei... view full summary | | 9. | District court judgment on remand regarding mental retardation is final absent appeal.
State v. Williams, 05-KP-1556 (La. 2/17/06) [2 pp.]
From LSCR Volume 14, Issue 2 "Writ granted; relief denied. In State v. Williams, 01-1650 (La. 11/1/02), 831 So.2d 835, this Court affirmed relator's conviction for first... view full summary | | TORTS
| | 10. | Worker on fixed offshore platform is not a seaman; supervisory writ granted.
Suire v. William G. Helis Company, L.L.C., 05C1042 (La. 11/29/05) [2 pp.]
From LSCR Volume 14, Issue 1 Plaintiff Suire was employed by GreyStar Corp. aboard a fixed offshore platform owned by The William G. Helis Company, L.L.C. ("Helis"). Pla... view full summary | | 11. | DOTD not liable for selecting a railroad crossing for upgrade, and failing to upgrade it.
Long v. State, DOTD, 2004-C-0485, (La. O6/29/05) [34 pp.]
From LSCR Volume 14, Issue 1 Plaintiffs' decedent drove her car across a railroad crossing on Harp Street in the Village of Bonita, Parish of Morehouse, and collided wit... view full summary | | CONTRACTS
| | 12. | Arbitration clause not adhesionary.
Aguillard v. Auction Management Corp., 2004-C-2804 (La. 6/29/05)
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From LSCR Volume 14, Issue 1 Defendant, Gilmore Auction & Realty Company ("Gilmore Realty"), a Louisiana auctioneer, conducted a public auction of immovable property loc... view full summary |
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