LOUISIANA SUPREME COURT REPORTS
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Archive of LSCR Articles

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

1.Timber trespass statute construed.
Barry Hornsby v. Bayou Jack Logging, 2004-C-1297 (La. 05/06/05) [20 pp.]
From LSCR Volume 13, Issue 5
           Plaintiffs filed this suit to recover damages to their immovable property as a result of illegal timber harvesting. In 2001, Bayou Jack Log... view full summary
CIVIL PROCEDURE

2.Insurer's foreign liquidation entitled to exclusive jurisdiction over insurer's assets.
All Star Advertising Agency v. Reliance Ins. Co. in Liquidation, 2004-C-1544 (La. 4/12/05) [20 pp.]
From LSCR Volume 13, Issue 5
           Plaintiff All Star Advertising Agency ("All Star") purchased policies of automobile liability coverage and workers' compensation ... view full summary
3.Claim for correction of retirement benefits prescribes in 3 years; laches not available in Louisiana.
Fishbein v. State, LSU Health Sciences Cntr., 2004-C-2482 (La. 4/12/05) [24 pp.]
From LSCR Volume 13, Issue 5
Plaintiff Dr. Judith Fishbein filed this suit against LSU and the Teachers' Retirement System of Louisiana ("TRSL") seeking mandamus, declaratory, and/or injunctive relief for her retiremen... view full summary
4.Pro hac vice admission denied; supervisory writ granted.
Finova Capital Corp. v. Short's Pharmacy, 05-O-0666 (La. 4/12/05) [3 pp.]
From LSCR Volume 13, Issue 5
Pro hac vice admission denied; supervisory writ granted.','YES','Finova Capital Corp. v. Short's Pharmacy, 05-O-0666 (La. 4/12/05) [3 pp.]','          ... view full summary
INSURANCE

5."Ultrahazardous activity" insurance and indemnification construed.
Suire v. Lafayette City-Parish Consol. Gov't, 2004-C-1459 (La. 4/12/05) [36 pp.]
From LSCR Volume 13, Issue 5
           Plaintiff Suire filed this suit to recover damages for injury to his property caused by a construction project undertaken by the Lafayette ... view full summary
BAR / DISCIPLINARY / ETHICS

6.Judicial fund-raising violation.
In re: Cannizzaro, 2005-O-0524 (La. 5/6/05) [6 pp.]
From LSCR Volume 13, Issue 5
Respondent Judge Leon A. Cannizzaro, Jr. sits on the Court of Appeal, Fourth Circuit. In July, 2002, the Judiciary Commission of Louisiana ("Commission") received an anonymous complaint con... view full summary
7.Attorney suspended for overconfident representations to criminal defendant.
In re: Henry Lafont, Jr., 2604-B-2064 [La. 04-0105]
From LSCR Volume 13, Issue 5
           Respondent Henry Lafont represented Robert Bone in a particularly heinous second degree murder charge. When State refused to let Bone plead... view full summary
MEDICAL MALPRACTICE

8.Physician without La. license not eligible for PCF; neither is medical staffing agency.
O'Brien v. Rizvi, 2004-C-2252 (La. 4/12/05) [14 pp.]
From LSCR Volume 13, Issue 5
           Plaintiff O'Brien filed this suit to recover damages for personal injuries allegedly resulting from medical malpractice during treatment by... view full summary
CRIMINAL

9.Capital sentence reversed: testimony of intoxicated, sole eyewitness insufficient to prove aggravating circumstance of robbery.
State v. Higgins, 2003-KA-1980 (La. 04/01/05) [41 pp.]
From LSCR Volume 13, Issue 5
           Defendant Higgins appeals his capital conviction and sentence of death. On the night in question, Donald Price cashed in his winnings at Bo... view full summary
PROPERTY

10.Fixtures bolted to a building are movables, overruling controlling precedent; sales and use taxes construed.
Willis-Knighton Med. Cntr. v. Caddo-Shreveport Sales and Use Tax Comm'n, 2004-C-0473 (La. 4/1/05) [66 pp.]
From LSCR Volume 13, Issue 4
          This is the first definitive pronouncement from the Court since 1968 regarding the standard for determining whether a fixture of a building ... view full summary
CIVIL PROCEDURE

11.Unconstitutionality must be alleged in a pleading in the district court.
Reed v. Reed, 05-CA-0375 (La. 3/24/05) [2 pp.]
From LSCR Volume 13, Issue 4
          Plaintiff invoked the appellate jurisdiction of the Court pursuant to La. Const. art. V, S 5(D), on the ground that the district court decla... view full summary
STATE AND LOCAL GOVERNMENT

12.City Council candidate disqualified.
Marilyn Landiak v. Cedric L. Richmond, 2005-C-0758 (La. 03/30/05) [25 pp.]
From LSCR Volume 13, Issue 4
          On February 11, 2005, defendant Richmond filed a "Notice of Candidacy" form declaring his intent to run in the April 2, 2005 election for th... view full summary
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