LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 264 through 276
Archive of LSCR Articles

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

1.Plaintiffs were entitled to depose counsel for defendant.
Booker SCC, LLC v. Dr. Courtney N. Phillips, 2024-CC-01500 (La. 01/28/2025) [2 pp.]
From LSCR Volume 33, Issue 1
     Plaintiffs, a group of skilled nursing facilities, filed suit against the Secretary of the Louisiana Department of Health in her official capacity. At some point plaint... view full summary
STATE AND LOCAL GOVERNMENT

2.Court dissolves injunction preventing State Police from clearing homeless encampments.
Raymond Scott v. Louisiana State Police, 2024-CD-01591 (La. 01/09/2025) [6 pp.]
From LSCR Volume 33, Issue 1
     On December 13, 2024, the district court enjoined the Louisiana State Police and Department of Wildlife and Fisheries from taking action to clear homeless encampments o... view full summary
CRIMINAL

3.District court ordered to act on application for post-conviction relief.
State v. David Williams, 2024-KH-01289 (La. 01/14/2025) [2 pp.]
From LSCR Volume 33, Issue 1
     Defendant represented to the Court that the district court failed to act on an application for post-conviction relief filed in February 2021. The Court granted ... view full summary
TORTS

4.On rehearing Court reinstates $10.75M general damage award.
Barber Brothers Contracting Company, LLC v. Capitol City Produce Company, LLC, 2023-C-00788 (La. 12/19/2024) [33 pp.]
From LSCR Volume 32, Issue 12
     In March 2018 Barber Brothers Contracting Company, LLC, was working on a Louisiana DOTD project on the I-10 exits for LA-3188 in Laplace. The project requir... view full summary
CIVIL PROCEDURE

5.Court remands suspensive appeal order in light of recent decision on bond amount.
Frank Raborn v. Jeffrey R. Albea, M.D., 2024-CC-00712 (La. 12/27/2024) [2 pp.]
From LSCR Volume 32, Issue 12
     In this medical malpractice case, the district court issued a suspensive appeal order, and the First Circuit denied supervisory writs. The Court granted a supervisory w... view full summary
6.Appeal of denial of special motion to strike was not untimely.
Amanda Jones v. Citizens for a New Louisiana, 2024-C-00945 (La. 12/27/2024) [8 pp.]
From LSCR Volume 32, Issue 12
     Plaintiff filed a defamation suit against defendants, who responded with special motions to strike the petition under La. Code Civ. Proc. art. 971. Under art. 971(A), w... view full summary
MEDICAL MALPRACTICE

7.Genuine issues of material fact precluded summary judgment in medical malpractice case.
Charles Burns v. Baton Rouge General Medical Center, 2024-C-01013 (La. 12/11/2024) [2 pp.]
From LSCR Volume 32, Issue 12
     Enorris Jones was admitted to Baton Rouge General Medical Center on June 28, 2014, and underwent oral and maxillofacial surgery for repair of a fractured jaw the follow... view full summary
SUCCESSIONS

8.Notarial will with initials instead of signature on first two pages was absolutely null.
Succession of John Wallace Frabbielle, 2024-CC-00091 (La. 12/13/2024) [22 pp.]
From LSCR Volume 32, Issue 12
     In 2008 John Wallace Frabbielle executed a three-page document purporting to be his last will and testament. He bequeathed the disposable portion of his estate to his t... view full summary
CRIMINAL

9.Motion to compel testimony not a nullity although signed by recused DA.
State v. Derwin Walker, 2024-KK-01317 (La. 12/10/2024) [2 pp.]
From LSCR Volume 32, Issue 12
     In this criminal matter with multiple defendants, the St. John the Baptist District Attorney filed a motion to recuse her office because one of the defendants was t... view full summary
10.Court remands post-conviction claims for evidentiary hearing.
State v. Quint Mire, 2024-KH-1148 (La. 12/11/2014) [2 pp.]
From LSCR Volume 32, Issue 12
     Defendant was convicted of second-degree murder and obstruction of justice in the death of Julian Gajan. Defendant and Gajan were hunting deer in 2011 when defendant sh... view full summary
11.Court orders court of appeal to act on pro se brief.
State v. Eddie Richards, 2024-KH-1355 (La. 12/11/2024) [2 pp.]
From LSCR Volume 32, Issue 12
     Defendant represented that the Fifth Circuit had failed to act timely on a pro se appellate brief he filed in September 2023. The Court granted a supervisory ... view full summary
12.No abuse of discretion in removing juror who repeatedly appeared to be asleep.
State v. Jaylon K. Brown, 2023-K-01715 (La. 12/13/2024) [22 pp.]
From LSCR Volume 32, Issue 12
     In December 2019 the St. Gabriel Police Department responded to a 911 call from Dararius Evans, stating "Sneaks" had shot him. Officers found Evans's vehicl... view full summary
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