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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| CONTRACTS
| | 1. | Act of sale in full ownership transferred only a servitude, where corporate resolution only authorized a servitude.
Abshire v. Vermillion Parish Sch. Bd., 02-C-2881 (La. 6/27/03) [ pp.]
From LSCR Volume 11, Issue 8 Plaintiff property owners filed this suit against the Vermillion Parish School Board ("Board") for a declaratory judgment that they are the ... view full summary | | MEDICAL MALPRACTICE
| | 2. | Neither interrogatories nor exceptions are available to force a Med Mal claimant to amplify his allegations.
Harold Ross Perritt v. Grant Dona, 2002-CC-2601 c/w 2002-CC-2603 (La. 2/7/03) [21 pp.]
From LSCR Volume 11, Issue 8 The Court granted certiorari in three consolidated medical malpractice revie... view full summary | | CIVIL PROCEDURE
| | 3. | Jury trial available on the issue of worker's comp. immunity, overruling controlling precedent.
Brewton v. Underwriters Ins. Co., 2002-CC-2852 (La. 6/27/03) [7 pp.]
From LSCR Volume 11, Issue 8 Plaintiff and her husband, who are both employed by the same company, were driving back from a business dinner when the husband fell asleep ... view full summary | | CONSTITUTIONAL LAW
| | 4. | Statutes providing for special Orleans grand jury proceedings an unconstitutional "local law."
State v. Dilosa, 2002-KA-2222 (La. 6/27/03) [7 pp.]
From LSCR Volume 11, Issue 8 Defendants were indicted in 1999 in Orleans Parish of possession of heroin with intent to distribute. In 2001, they filed motions to quash t... view full summary | | CRIMINAL
| | 5. | Right to resist unlawful arrest does not permit resistance to unlawful stop-and-frisk.
State v. Jeremy Sims, 2000-K-2208 (La. 6/27/03) [13 pp.]
From LSCR Volume 11, Issue 8 Defendant, an 18-year-old, was wrongly stopped on suspicion of violating evening curfew for minors, was convicted of possession of cocaine f... view full summary | | 6. | Unauthorized entry conviction affirmed.
State v. Davis, 02-K-1043 (La. 6/27/03) [4 pp.]
From LSCR Volume 11, Issue 8 Defendant was convicted of unauthorized entry of an inhabited dwelling, La.R.S. S 14:62.3(A). The victim , a self-confessed cocaine addict, ... view full summary | | ADMINISTRATIVE
| | 7. | Teacher fired by a school board after a removal hearing must pay the costs of transcribing the record for appeal.
L.D. Spears, Jr. v. Beauregard Parish Sch. Bd., 2002-CC-2870 (La.6/27/03) [9 pp.]
From LSCR Volume 11, Issue 8 Charged with four acts of dishonesty, and after a hearing by the school board in accordance with La.R.S. Section 17:443, plaintiff Spears wa... view full summary | | TORTS
| | 8. | "Special mission" confers "portal-to-portal" comp coverage;
establishing controlling precedent.
McLin v. Industrial Specialty Contractors, 2002-C-1539 (La. 7/2/03) [11 pp.]
From LSCR Volume 11, Issue 7 Claimant was sent by his employer, ISC, from ISC's location in Geismar, Louisiana, to a safety seminar in Baton Rouge. He normally drove to ... view full summary | | 9. | On rehearing: environmental plaintiffs' damages proved by preponderance of evidence.
William G. Corbello v. Iowa Production, Shell Oil Co., 2002-C-2826 (La. 6/20/03), on reh'g [5 pp.]
From LSCR Volume 11, Issue 7 In the Court's original opinion in this case (reported in March, 2003 LSCR), the Court held that defendant Shell Oil Company's liability for... view full summary | | MEDICAL MALPRACTICE
| | 10. | Blood transfusion strict liability cases are subject to three-year peremption period; overruling recent precedent.
Rocky Wayne David v. Our Lady of The Lake Hospital, 2002-CC-2675 (La. 7/2/03)
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From LSCR Volume 11, Issue 7 This is the third time in three and one-half years that the Court has modified its holding on this issue. Plaintiff Davis received blood tra... view full summary | | 11. | Third-party fault, damages, and interest under the MMA construed.
Barbara Hall v. Brookshire Brothers, 2002-C-2404 (La. 6/2703) [28 pp.]
From LSCR Volume 11, Issue 7 This case addresses three critical issues in medical malpractice: (1) the propriety of quantifying victim and third-party fault in suits aga... view full summary | | INSURANCE
| | 12. | Coverage for "relatives" does not include foster children.
Cadwallader v. Allstate Ins. Co., 2002-C-1637 (La. 6/27/03) [11 pp.]
From LSCR Volume 11, Issue 7 Plaintiffs, M.S., N.A., and O.P., foster children of Dinnah Ruffin, were involved in a motor vehicle accident while guest passengers in a ve... view full summary |
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