LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 2556 through 2568
Archive of LSCR Articles

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

1.Juvenile proceedings open to the public.
State in the Interest of D.W., 2003-CK-2754 (La. 01/30/04) [6 pp.]
From LSCR Volume 12, Issue 2
          After D.W. was adjudicated delinquent in the district juvenile court and committed to the Jetson Correctional Center for Youth, his attorney... view full summary
STATE AND LOCAL GOVERNMENT

2.Foreign corporation subject to Louisiana franchise taxes, where business was actually managed here.
Kevin Associates, L.L.C. v. Crawford, Department of Revenue, 2003-C-0211 (La. 01/30/04) [16 pp.]
From LSCR Volume 12, Issue 2
          Yendis Properties, Inc., is a Delaware corporate subsidiary of K&B, Inc., also a Delaware corporation. Yendis was formed to hold the stock o... view full summary
CRIMINAL

3.Prior bad act admissible to show knowledge of right from wrong.
State v. Morgan, 2002-K-3196 (La. 2/21/04) [12 pp.]
From LSCR Volume 12, Issue 2
          Defendant was convicted of aggravated rape of L.C., a juvenile. During the offense, the defendant led L.C. into his house, then locked all d... view full summary
DOMESTIC RELATIONS

4.Only preponderance of evidence required to rebut community presumption;
overruling controlling precedent. Talbot v. Talbot, 03-C-0814 (La. 12/12/03) [26 pp.]
From LSCR Volume 12, Issue 1
          Bernice and Byron Talbot were married in 1974 and divorced in 1997. During the community partition proceedings, Bernice claimed separate own... view full summary
5.Life insurance proceeds not community property; overruling controlling precedent.
Fowler v. Fowler, 03-C-0590 (La. 12/12/03) [8 pp.]
From LSCR Volume 12, Issue 1
          Charles and Susan Fowler were married in 1965 and had one son. They purchased three life insurance policies on the son totaling $500,000, na... view full summary
CIVIL PROCEDURE

6.Prescription may be raised in a motion for summary judgment.
Alcorn v. City of Baton Rouge, 03-C-2682 (La. 1/16/04) [4 pp.]
From LSCR Volume 12, Issue 1
          Plaintiffs filed suit against the City seeking damages for race-based discrimination and harassment in their employment as police officers. ... view full summary
7.Unconstitutionality of statute must be raised by pleading.
Unwired Telecom Corp. v. Parish of Calcasieu, Louisiana, 2003-CA-0732 (La.12/12/03) [17 pp.]
From LSCR Volume 12, Issue 1
          For years, the Collector of Calcasieu Parish sales and use taxes (Collector) collected from Mercury Cellular Telephone Company (Mercury) a u... view full summary
BAR / DISCIPLINARY / ETHICS

8.When the entire fee is reasonable, attorney need not escrow the fee during a fee dispute.
In re: Harold D. Lucius, 03-B-2500 (La. 1/9/04) [1 p.]
From LSCR Volume 12, Issue 1
          Respondent attorney was charged, inter alia, with charging an unreasonable fee and with failing to place the fee into his trust account whil... view full summary
CRIMINAL

9.Court of appeal erred in failing to entertain out-of-time writ application.
State ex rel. Clavelle v. State of Louisiana, 2002-KH-1244 (La. 12/12/03) [2 pp.]
From LSCR Volume 12, Issue 1
          Relator was unrepresented at the hearing for revocation of his probation. At the end of the hearing, the district judge informed relator tha... view full summary
INSURANCE

10.Penalties may be imposed against insurer without actual damages; resolving a split in the circuits.
The Sultana Corp. d/b/a Hannon Jewelers v. Jewelers Mut. Ins. Co., 03-C-0360 (La. 12/3/03) [10 pp.]
From LSCR Volume 11, Issue 12
          The Sultana Corporation d/b/a Hannon Jewelers (Sultana) sued its insurer, Jewelers Mutual Insurance Company (Jewelers), over an issue of ins... view full summary
TORTS

11.Loss of consortium damages for wrongful death unavailable for pre- 1982 asbestos exposure.
Landry v. Avondale Industries, 2003-CC-0719 (La. 12/3/03) [15 pp.]
From LSCR Volume 11, Issue 12
          Plaintiff's decedent was exposed to work-related asbestos from 1959 to 1974. In January, 2002, he was diagnosed with mesothelioma, from whic... view full summary
DOMESTIC RELATIONS

12.Disavowal action prescribed; presumptive father not entitled to reimbursement of support payments.
Gallo v. Gallo, 2003-C-0794 (La. 12/03/03) [19 pp.]
From LSCR Volume 11, Issue 12
          Michael and Brenda Gallo were married in 1978, separated in 1991, and divorced in 1992. Their youngest child, M.L.G., was born in 1985. Afte... view full summary
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