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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| 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 | View next 12 articles
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