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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| STATE AND LOCAL GOVERNMENT
| | 1. | Expropriation: Lessee compensated for loss of lease, but not for his improvements.
Ken Smith d/b/a B&K Music v. State, Dept. of Transp. & Dev, 2004-C- 1317 c/w 2004-C-1594 (La.
03/11/05) [35 pp.]
From LSCR Volume 13, Issue 4 Plaintiff Ken Smith operated his B&K Music business from a building that he subleased orally from Mike Unkel for $200 a month, making variou... view full summary | | 2. | Foreign holding company is liable for tax on income generated by pass- through subsidiary in Louisiana.
Bridges, Secretary, Dept. of Revenue v. Autozone Prop., 2004-C-0814 (La. 3/24/05) [36 pp.]
From LSCR Volume 13, Issue 4 The Department of Revenue filed this suit to recover state income taxes on amounts distributed by Autozone Development, Inc. ("Development")... view full summary | | CRIMINAL
| | 3. | Failure to fund indigent defense may result in release of the prisoner,
establishing controlling precedent.
State v. Citizen, c/w State v. Tonguis, 2004-KA-1841 (La. 4/1/05) [18 pp.]
From LSCR Volume 13, Issue 4 In these consolidated cases, capital murder defendants sought to compel the Calcasieu Parish Police Jury ("CPPJ") to fund legal representati... view full summary | | 4. | Juvenile capital sentence reversed; direct appeal jurisdiction divested.
State v. Wilson, 03-KA-1229 (La. 3/30/05) [1 p.]
From LSCR Volume 13, Issue 4 "The appellate record reveals that defendant stands convicted and sentenced to death for a capital murder committed when he was 17 years old... view full summary | | CIVIL PROCEDURE
| | 5. | Certification of judgment as final without express, written reasons is reviewed
de novo by appellate court; resolving a split in the circuits.
R.J. Messsinger, Inc. v. Rosenblum, 2004-OC-1664 (La. 03/02/05) [16 pp.]
From LSCR Volume 13, Issue 3 Carl and Kathryn Rosenblum contracted with R.J. Messinger ("Messinger") to construct a house, and secured from Messinger a written guarantee... view full summary | | 6. | Conflicting court of appeal decisions require en banc rehearing.
Walker v. Bossier Med. Cntr., 04-C-1780 (La. 2/25/05) [1 p.]
From LSCR Volume 13, Issue 3 "Bossier Medical Center and the State of Louisiana seek review of a judgment of the court of appeal which declares La.R.S. 9:5628 unconstitu... view full summary | | MEDICAL MALPRACTICE
| | 7. | Consent for D&C encompassed risk of "emergent" hysterectomy.
Thibodeaux v. Jurgelsky, 2004-C-2004 (La. 3/11/05) [33 pp.]
From LSCR Volume 13, Issue 3 Plaintiffs brought this medical malpractice action to recover damages arising from a hysterectomy. Plaintiff Ms. Thibodeaux saw defendant Dr... view full summary | | STATE AND LOCAL GOVERNMENT
| | 8. | No appellate jurisdiction over interlocutory administrative ruling, where jurisdiction to make the ruling has changed before finality.
Lake Charles Pilots, Inc. v. La. Pub. Service Comm'n, 2004-CA-1190 (La. 3/2/25) [12 pp.]
From LSCR Volume 13, Issue 3 In CITGO Petroleum Corp. v. Louisiana Public Service Comm., 01-1902 (La. 3/15/02), 815 So. 2d 19 ("CITGO I"), the Court held that the tariff... view full summary | | WORKERS' COMPENSATION
| | 9. | TTD "developing injury" claim relates back to original SEB claim and is not prescribed.
Donald J. Winford v. Conerly Corporation , 2004-C-1278 (La. 03/11/05) [20 pp.]
From LSCR Volume 13, Issue 3 Claimant Winford ("Winford") injured his hip and back when he fell 7 feet to the pavement while discarding wooden pallets for his employer C... view full summary | | 10. | Trahan v. Coca Cola Bottling Company United, Inc.,
2004-C-0100 (La. 03/03/05) [28 pp.]
From LSCR Volume 13, Issue 3 Ronald K. Trahan ("claimant") was injured in the course and scope of his employment with Coca Cola Bottling Company United, Inc. ("defendant... view full summary | | 11. | Insurance agent's commissions are not civil fruits; distinguishing recent
precedent.
Lanza v. Lanza, 2004-C-1314 (La. 3/2/05) [18 pp.]
From LSCR Volume 13, Issue 3 Lanza (husband) and Coudrain (wife) were married in 1975. Lanza signed an agency contract with State Farm in 1981, and operated the Lou Lanz... view full summary | | CIVIL PROCEDURE
| | 12. | Cheron v. LCS Corrections Services and State of Louisiana
2004-CC-0703 (La. 01/19/05) [17 pp.]
From LSCR Volume 13, Issue 2 Patrick R. Cheron, while an inmate of Pine Prairie Correctional Facility, a private prison in Evangeline Parish operated by LCS Corrections ... view full summary |
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