| MEDICAL MALPRACTICE
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| 1. | Med Mal prescription interrupted by continuing efforts to treat injury.
Carter v. Haygood, 2004-C-0646 (La. 1/19/05) [27 pp.]
From LSCR Volume 13, Issue 1 Plaintiff Carter filed this suit to recover damages for personal injuries allegedly suffered as a result of dental malpractice by defendant,... view full summary |
| 2. | Drawing blood at a blood bank not covered under MMA.
Delcambre v. Blood Systems, Inc., 2004-C-0561 (La. 01/19/05) [15 pp.]
From LSCR Volume 13, Issue 1 Plaintiff Nolan Delcambre went to the United Blood Services office in Lafayette for the sole purpose of donating blood. A phlebotomist emplo... view full summary |
| BAR / DISCIPLINARY / ETHICS
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| 3. | Discipline imposed for failure to report prosecutorial misconduct.
In re: Riehlman, 2004-B-0680 (La. 1/19/05) [18 pp.]
From LSCR Volume 13, Issue 1 Respondent is a criminal defense attorney who was formerly employed as an assistant district attorney in Orleans Parish. One evening in ... view full summary |
| EVIDENCE
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| 4. | Clergy-penitent privilege construed.
State v. Gray, 2004-KK-1197 (La. 1/19/05) [14 pp.]
From LSCR Volume 13, Issue 1 For only the third time in 80 years, the Court has the opportunity to discuss Louisiana's clergyman privilege, presently incorporated in La.... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 5. | Legislature's "interpretive," retroactive overruler of judicial opinion unconstitutional.
Unwired Telecom Corp. v. Parish of Calcasieu, 2003-CA-0732 (La. 1/19/05) [23 pp.]
From LSCR Volume 13, Issue 1 Plaintiff Unwired sells mobile telephone service and is the successor in interest to Mercury Cellular, a company that merged with Unwired. M... view full summary |
| WORKERS' COMPENSATION
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| 6. | Amendments to WCA increasing employer's credit against SEB not retroactive; resolving a split in the circuits.
Frith v. Riverwood, Inc., 2004-C-1086 (La. 01-19-05) []
From LSCR Volume 13, Issue 1 Claimant Frith, a forklift operator for Riverwood, Inc., injured her back at work in March, 1989. She eventually stopped working and was dia... view full summary |
| CRIMINAL
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| 7. | Failure to preserve DNA evidence does not entitle defendant to jury instruction; capital sentence affirmed.
State v. Harris, 2001-KA-2730 (La. 1/19/05) [33 pp.]
From LSCR Volume 13, Issue 1 Defendant was accused of the murder of Katie Carlin during the aggravated kidnapping and rape of Carlin's 11-year-old daughter, "K." Carlin'... view full summary |
| 8. | Post-conviction application meets statutory requirements for challenging mental competence.
State ex rel. Bourque v. Cain, 03-KP-0602 (La. 1/7/05) [3 pp.]
From LSCR Volume 13, Issue 1 Relator filed a post-conviction application for relief, alleging, inter alia, that he was mentally retarded and therefore not competent to b... view full summary |
| MEDICAL MALPRACTICE
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| 9. | MMA scope strictly construed; failure to repair wheelchair lies outside the MMA.
Williamson v. Hospital Service District No. 1 of Jefferson, 2004-C-0451 (La. 12/01/04) [16 pp.]
From LSCR Volume 12, Issue 12 Plaintiff alleged that after she was discharged from the West Jefferson Medical Center, and as she was being pushed by wheelchair to the par... view full summary |
| TORTS
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| 10. | Adult nondependents have no wrongful death remedy either under Worker's Compensation or in tort.
Deshotel v. Guichard Operating Co., 2003-C-3511 (La. 12/17/04) [26 pp.]
From LSCR Volume 12, Issue 12 Plaintiffs are adult, nondependent children of the decedent Deshotel, who was killed in the course and scope of his employment with defendan... view full summary |
| 11. | Circumstantial evidence of negligence insufficient to carry burden of proof.
Benjamin v. HANO, 2004-C-1058 (La. 12/1/04) [10 pp.]
From LSCR Volume 12, Issue 12 Plaintiff filed suit on behalf of her 2 S year old daughter Darione to recover damages for personal injuries she suffered when she fell out ... view full summary |
| BAR / DISCIPLINARY / ETHICS
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| 12. | Judge suspended for appearing in public in blackface with afro wig.
In re: Ellender, 2004-O-2123 (La. 12/13/04) [19 pp.]
From LSCR Volume 12, Issue 12 Respondent Judge Timothy Ellender has been a district judge in the 32nd J.D.C. for over 20 years, and has no prior disciplinary record. ... view full summary |