| WORKERS' COMPENSATION
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| 1. | Claimant may not "transfer" his claim to another district by refiling.
Lewis v. Folger's Coffee Co., 03-CC-3127 (La. 2/13/04) [2 pp.]
From LSCR Volume 12, Issue 3 Claimant filed a workers' compensation claim in OWC District 6, St. Tammany Parish. The employer filed a petition for forfeiture of benefits... view full summary |
| CRIMINAL
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| 2. | "Indecent behavior with juveniles" requires awareness by the juvenile.
State v. Interiano, 2003-KA-1760 (La. 2/13/04) [18 pp.]
From LSCR Volume 12, Issue 3 Defendant's 10-month-old daughter was found by the pediatrician to have contracted gonorrhea. There was no evidence that she was sexuall... view full summary |
| 3. | Court of appeal may not reverse suspension of sentence sua sponte.
State v. Parker, 03-K-2736 (La. 2/20/04) [2 pp.]
From LSCR Volume 12, Issue 3 "Granted. The order of the court of appeal is vacated and the defendant's sentence is reinstated. The state did not move in the district cou... view full summary |
| TORTS
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| 4. | Dog owner's strict liability still requires showing that the dog posed an unreasonable risk of harm; establishing controlling precedent.
Pepper v. Triplet, 2003-C-0619 (La. 01/21/04) [29 pp.]
From LSCR Volume 12, Issue 2 This is a dog bite case. Plaintiff Pepper, 30, custodian of his two minor children, lived with his parents next door to defendant Triplet an... view full summary |
| 5. | Police not liable for failure to render assistance; lower court manifestly erred.
Oubre v. Ezlaih, 2003-C-1133 (La. 2/6/04) [14 pp.]
From LSCR Volume 12, Issue 2 Plaintiff was a taxi cab driver whose cab stalled on the Interstate at night in the rain. He had to push it into an emergency lane, where it... view full summary |
| 6. | Legal malpractice allegations not actionable in defamation.
Costello v. Hardy, 2000-C-1146 (La. 01/21/04) [30 pp.]
From LSCR Volume 12, Issue 2 Decedent Joseph Costello, unmarried and with no children, asked his friend and longtime attorney Ashton Hardy to draft a will leaving the bu... view full summary |
| 7. | Finding of liability of DOTD not manifestly erroneous.
Henderson v. Nissan Motor Corp., 2003-C-0606 (La. 02/06/04) [14 pp.]
From LSCR Volume 12, Issue 2 Plaintiff Henderson brought this suit against the Louisiana Department of Transportation and Development ("DOTD") to recover damages for per... view full summary |
| BAR / DISCIPLINARY / ETHICS
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| 8. | Judge suspended for repeated failure to recuse himself.
In re: Judge Davis, 03-O-2801 (La. 2/4/04) [22 pp.]
From LSCR Volume 12, Issue 2 Respondent Judge Davis was elected to preside in a judicial district with only one judge, in which his father was also already on the In... view full summary |
| INSURANCE
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| 9. | No direct action against an insurer for excess judgment for bad faith.
Langsford v. Flattman, 2003-C-0189 (La. 1/21/04) [4 pp.]
From LSCR Volume 12, Issue 2 Plaintiff filed suit against defendant driver to recover damages for personal injuries he suffered when defendant backed into plaintiff's tr... view full summary |
| CIVIL PROCEDURE
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| 10. | Lack of knowledge of discriminatory intent does not toll prescription for terminated employee.
Eastin v. Entergy Corp., 03-C-1030 (La. 2/6/04) [15 pp.]
From LSCR Volume 12, Issue 2 Plaintiffs in this class action are all former Entergy employees who filed suit for damages for wrongful termination on the basis of age. Th... view full summary |
| 11. | Forma pauperis application meets requirement of timely paying fees only if application is timely.
Tenney v. Burlington N. & Santa Fe. R. Co., 03-C-1260 (La. 1/21/03) [6 pp.]
From LSCR Volume 12, Issue 2 Plaintiff Tenney was involved in an automobile accident on November 9, 2000. On November 7, 2001, plaintiff submitted a petition for damages... view full summary |
| 12. | Pleadings cannot be amended to conform to the evidence, in order to supply a plea of unconstitutionality of a statute.
La. Assessors' Retirement Fund v. City of New Orleans, 2003-CA-3009 (La. 1/26/04) [6 pp.]
From LSCR Volume 12, Issue 2 This is the fourth opinion in related cases seeking to determine the enforceability of La.R.S. SS 11:1482 and 11:82, which plaintiff Funds c... view full summary |