| STATE AND LOCAL GOVERNMENT
|
| 1. | "Rededication" of sales and use tax revenue is invalid.
Denham Springs Econ. Dev. Dist. v. All Taxpayers, 2004-C-1674 (La. 2/4/05) [15 pp.]
From LSCR Volume 13, Issue 2 The legislature created the Denham Springs Economic Development District ("District"), composed of 75 acres of property within the city of D... view full summary |
| 2. | "Defense of Marriage" amendment does not violate "one object" rule.
Forum for Equality PAC v. McKeithen, 2004-CA-2477 c/w 2004-CA-2523 (La. 01/19/05) [35 pp.]
From LSCR Volume 13, Issue 2 Plaintiffs filed suit to challenge 2004 La. Acts No. 926, which submitted to the voters in a statewide election a proposed amendment to the ... view full summary |
| 3. | Challenges to "Defense of Marriage" amendment dismissed; prior action is res
judicata.
Forum for Equality PAC v. McKeithen, 2004-OC-2551 (La. 01/19/05) [12 pp.]
From LSCR Volume 13, Issue 2 The underlying facts of this case are related in the Court's opinion in Forum for Equality PAC v. McKeithen, 2004-CA2477 c/w 2004-CA2523, in... view full summary |
| 4. | Increased employer taxes for state employees' retirement system are valid.
La. Municipal Ass'n v. State, and Firefighters' Retirement System, 2004-CA-0227 (La. 1/19/05) [87 pp.]
From LSCR Volume 13, Issue 2 Plaintiffs in this complex case are associations, political subdivisions, and fire districts that employ firefighters in Louisiana. Plaintif... view full summary |
| CONSTITUTIONAL LAW
|
| 5. | "Crime against nature" still enforceable against prostitutes; distinguishing
Supreme Court jurisprudence.
State v. Thomas, 04-KA-0559 (La. 1/19/05) [11 pp.]
From LSCR Volume 13, Issue 2 Defendant was charged with soliciting an undercover officer to engage in "unnatural oral copulation for compensation" in violation of La.R.S... view full summary |
| CRIMINAL
|
| 6. | Failure to introduce mental health evidence in support of insanity defense is not ineffective assistance of counsel.
State v. Russell, 04-KP-1622 (La. 2/25/05) [4 pp.]
From LSCR Volume 13, Issue 2 The district court granted defendant's post-conviction application for relief, finding that defense counsel rendered ineffective assistance ... view full summary |
| ADMINISTRATIVE
|
| 7. | Insurance Commissioner cannot appeal ALJ's regulatory ruling; Admin. Procedure Act construed.
J. Robert Wooley , Acting Comm'r of Insurance v. State Farm Fire and Cas. Co., 2004-CA-0882, (La. 01/19/05)
[42 pp.]
From LSCR Volume 13, Issue 2 The two-phased litigation began when State Farm Fire and Casualty Ins. Co. ("State Farm") filed with the Insurance Commissioner a Rental Con... view full summary |
| CIVIL PROCEDURE
|
| 8. | Prescription of tort claims for birth defects does not commence until birth.
Bailey v. Khoury, 2004-C-0620 (La. 1/20/05) [38 pp.]
From LSCR Volume 13, Issue 1 Plaintiff Ginger Bailey filed this suit individually and on behalf of her newborn child Jada to recover damages for injuries suffered by Jad... view full summary |
| 9. | Choice-of-law rules applicable to out-of-state UM policy; resolving a
split
in the circuits.
Champagne v. Ward, 2003-CC-3211 (La. 01/19/05) [29 pp.]
From LSCR Volume 13, Issue 1 Plaintiff Champagne, a Mississippi resident driving an automobile covered by an insurance policy issued in Mississippi, collided in New Orle... view full summary |
| 10. | Judges have no standing to challenge constitutionality of ministerial duty they must perform.
Greater New Orleans Expy. Comm'n v. Olivier, 2004-CA-2147 (La. 1/19/05) [17 pp.]
From LSCR Volume 13, Issue 1 The Greater New Orleans Expressway Commission, plaintiff, operates and maintains the Lake Pontchartrain Causeway Bridge and the Huey P. Long... view full summary |
| CONTRACTS
|
| 11. | Mineral lessee not liable for restoration of wetlands.
Terrebonne Parish Sch. Bd. v. Castex Energy, 2004-C-0968 (La. 1/19/05) [32 pp.]
From LSCR Volume 13, Issue 1 Plaintiff lessor filed this suit to compel an oil and gas lessee to restore wetlands after the termination of a lease. In 1963, after compet... view full summary |
| 12. | Medical school liable for failure to recommend resident for board examination.
Driscoll v. Stucker, 2004-C-0589 (La. 01/09/05) [31 pp.]
From LSCR Volume 13, Issue 1 When plaintiff, Dr. Peter V. Driscoll, entered the otolaryngology residency program at Louisiana State University Health Sciences Center (LS... view full summary |