LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 2640 through 2652
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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STATE AND LOCAL GOVERNMENT

1.Video poker gaming revenues construed.
Louisiana Horsemen's Benev. and Prot. Ass'n v. F air Grounds Corp., 200 2-C-1928 (La. 4/9/03) [6 pp.]
From LSCR Volume 11, Issue 4
          Plaintiff racehorse association ("Association") filed suit on behalf of its members against certain horse racing tracks ("Tracks"), alleging... view full summary
WORKERS' COMPENSATION

2."Two contracts" defense contains no temporal requirement, resolving a split in the circuits.
Allen v. State, E rnest N. Morial - New Orleans Exhibition H all Auth., 02-C -1072 (La. 4/9/03) [16 pp.]
From LSCR Volume 11, Issue 4
          Defendant Convention Hall had a longstanding contract with Aramark to provide catering services for conventions. During a convention of ACE ... view full summary
3.Prescriptive period for claim for SEB is three years after payment of any indemnity; resolving a split in the circuits.
Durfresne v. Video Co-op, 2002-C -1147 (La. 4/9/03) [19 pp.]
From LSCR Volume 11, Issue 4
          Claimant was seriously injured on the job, received temporary total disability ("TTD") benefits for the next four months, and then received ... view full summary
DOMESTIC RELATIONS

4.Louisiana court should decline child custody jurisdiction if another state has already exercised it.
Layton v. Newell, 03-CC-0229 (La. 4/4 /03) [3 pp.]
From LSCR Volume 11, Issue 4
          Plaintiff Layton filed this suit seeking custody of her minor son, D.S.N. Layton and her ex-husband Newell were married in Ohio, had D.S.N.,... view full summary
CRIMINAL

5.Cutting off cross-examination of victim regarding drug plea held reversible error.
State v. Willia ms, 2002-K-1406 (La. 4/9/03) [9 pp.]
From LSCR Volume 11, Issue 4
          Defendant was identified as one of three men who invaded the trailer homes of victim Ancar and his sister, demanded drugs and money, and the... view full summary
6.Felon's failure to divest himself of weapon in borrowed car supports possession conviction.
State v. Dab ney, 2002-K-0934 (La. 4/9 /03) [7 pp.]
From LSCR Volume 11, Issue 4
          Defendan t, a previously-convicted felon, was convicted of possession of a firearm by a convicted felon, and possession of a firearm while i... view full summary
7.Where probable cause exists for holding an automobile to apply for a warrant, an immediate, warrantless search is justified.
State v. Thompson, 02-K-0333 (La. 4/9 /03) [11 pp.]
From LSCR Volume 11, Issue 4
          Police received a tip from an untested confidential informant that defendant was dealing illegal drugs at a house. The informant provided a ... view full summary
8.Quashing of multiple offender bill on ground of delay reversed.
State v. Toney, 02-K-0992 (La. 4/9 /03) [7 pp.]
From LSCR Volume 11, Issue 4
          Defendant was convicted of possession of cocaine with intent to distribute; and on the same day, the state filed a multiple offender bill ch... view full summary
9.Sex offenders must register; no waiver allowed.
State v. Patin, 2002-K-1126 (La. 4/9/03) [6 pp.]
From LSCR Volume 11, Issue 4
          Defendant was convicted of carnal knowledge of a juvenile, and petitioned the court for relief from the registration and notification requir... view full summary
CONTRACTS

10.Debtor liable despite third-party forgery, where the debtor failed to notify the bank.
Parish National Bank v. Norm an D. Ott, 2002-C -1562 (La. 2/25/03) [11 pp.]
From LSCR Volume 11, Issue 3
          Defendan ts Dr. Ott and his wife were extended a $100,000 revolving line of credit for their real estate purchase and renovation business, C... view full summary
11.Damages for breach of oil lease not limited to value of the property polluted.
William G. Corbello v. Iowa Production, Shell Oil Co., 2002-C-0826 (La. 2/2 5/03) [38 pp.]
From LSCR Volume 11, Issue 3
          Plaintiffs filed suit against Shell Oil Comp any to recover damages for breach of a lease. Plaintiffs' predecessors in interest had granted ... view full summary
CIVIL PROCEDURE

12.Answer filed in federal court precludes default judgment in state court after remand.
Ma rie Anna Rivet v. Regions Bank, 2002-CC-1813 (La. 2/25/03) [7 pp.]
From LSCR Volume 11, Issue 3
          Plaintiffs are owners of a corporation that owned a leasehold of commercial property in New Orleans. The corporation granted a first mortgag... view full summary
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