LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 2604 through 2616
Archive of LSCR Articles

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

1.District court has original jurisdiction of challenge to constitutionality of tax statute.
ANR Pipeline Co. v. La. Tax Comm'n, 2002-C-1479 (La. 7/2/03) [13 pp.]
From LSCR Volume 11, Issue 7
          The plaintiffs are five interstate pipeline companies providing gas transportation, storage, and balancing services to customers in Louisian... view full summary
STATE AND LOCAL GOVERNMENT

2.Re-employment by the state not a "retirement benefit."
Gregg Smith, et al. v. Bd. of Trustees of La. State Employees' Retirement System, 2002-CA-2161 (La. 6/27/03) [31pp.]
From LSCR Volume 11, Issue 7
          Plaintiffs are employees of the Department of Corrections who filed this suit to enjoin the enforcement of a statute that retrospectively st... view full summary
3.Tenured teacher dismissed for violating unwritten policy.
Wise v. Bossier Parish Sch. Bd., 2002-C-1525 (La. 6/27/03) [13 pp.]
From LSCR Volume 11, Issue 7
          Plaintiff Wise was a tenured teacher in the public school system who was dismissed, and petitioned for review of that decision. The charge a... view full summary
PROPERTY

4.No implied dedication of private property to the public, despite public use of the land for 60 years.
Cenac v. Public Access Water Rights Association, 2002-C-2660 (La. 6/27/03) [28 pp.]
From LSCR Volume 11, Issue 7
          Plaintiff Cenac on April 4, 2000 acquired a boat launch and the adjacent portion of a canal connecting Bayou Lafourche and Bayou Des Alleman... view full summary
WORKERS' COMPENSATION

5.Medical report constitutes "expert testimony" for establishing occupational disease.
Fite v. Louisiana Title Co., 2002-C-2607 (6/27/03) [3 pp.]
From LSCR Volume 11, Issue 7
          Claimant's award for worker's compensation for an occupational disease was overturned by the Second Circuit, on the grounds that (1) no expe... view full summary
BAR / DISCIPLINARY / ETHICS

6.Misrepresentations to court about scheduling conflict merit two-year suspension.
In re: Bailey, 03-B-0839 (La. 6/6/03) [12 pp.]
From LSCR Volume 11, Issue 7
          Count 1: Respondent was representing the plaintiff in Matthews v. Creswell, 19th J.D.C. The defendants' exception of prescription was set fo... view full summary
CRIMINAL

7.Municipal convictions available for impeachment; overruling controlling precedent.
State v. Tolbert, 2003-KK-0330 (La. 6/27/03) [10 pp.]
From LSCR Volume 11, Issue 7
          Defendant, a New Orleans police officer, was charged with aggravated crime against nature, for allegedly stopping defendant on the street, d... view full summary
8.Flawed random allotment procedure not reversible error.
State v. Broussard, 2003-KK-1340 (La. 6/26/03) [2 pp.]
From LSCR Volume 11, Issue 7
          Defendant's capital case was assigned to his judge by random allotment, under which capital cases were assigned randomly, one to each judge,... view full summary
9.Capital sentence affirmed.
State v. Sedwric E. Clark, 2002-KA-1463(La.6/27/02) [90 pp.]
From LSCR Volume 11, Issue 7
          Defendant appeals his conviction and sentence of death. In early morning February 13,2000, defendant Clark stabbed to death with a kitchen k... view full summary
TORTS

10."Aggressor doctrine" no longer a defense to battery; overruling controlling precedent.
Landry v. Bellanger, 2002-C-1443 (La. 5/20/03) [19 pp.]
From LSCR Volume 11, Issue 6
          Plaintiff Landry was drunk when he insulted defendant Bellanger in a bar, threatened to "whip [his] ___," and poked him in the chest. Bellan... view full summary
CIVIL PROCEDURE

11.Defendant failed to preserve error on application for certiorari; writ dismissed.
Johnson v. State of Louisiana, 2002-C-2382 (La. 5/20/03) [5 pp.]
From LSCR Volume 11, Issue 6
          Plaintiff tripped and fell in a building owned by the State of Louisiana. She alleged that the metal strip on the edge of a stair constitute... view full summary
12.District judge may not recall erroneously signed final judgment.
Bourgeois v. Kost, 2002-C-2785 (La. 5/20/03) [8 pp.]
From LSCR Volume 11, Issue 6
          Plaintiffs' personal injury suit was tried to the district judge, who asked the parties to submit post-trial memoranda and proposed judgment... view full summary
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