LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 2652 through 2664
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.Public project's contractor not liable for sales and use taxes on materials purchased.
F. M iller & Sons, Inc. v. Calcasieu Parish School Board, 2002-C-1680 (La. 2/25/03) [14 pp.]
From LSCR Volume 11, Issue 3
          Pursuant to the Public Bid Law and La.R.S. S 34:308, the Lake Charles Harbor & Terminal District a/k/a the Port of Lake Charles (the "Port")... view full summary
WORKERS' COMPENSATION

2.Prescription of medicals claim not interrupted by payment of indemnity, resolving a split in the circuits.
Bouquet v. Tetra Technologies, Inc., 2002-C-1634 (La. 2/25/03) [8 pp.]
From LSCR Volume 11, Issue 3
          Worker's compensation claimant was paid indemnity benefits for ten years, from 1990 to 2000. He did not file a claim for medical benefits, b... view full summary
3.Failure to authorize and prepay for medical treatment subjects employer to penalties, resolving a split in the circuits. Ronald Joseph Authement
v. Shappert Engineering (OW C District 9), 2002-C-1631 (La. 2/25/03) [13 pp.]
From LSCR Volume 11, Issue 3
          Claimant Authement injured his right ankle on the job in May, 1997. In January, 2000, an orthopedist recommended that Authement be given a f... view full summary
DOMESTIC RELATIONS

4.Parental rights reinstated.
State in the Interest of K.G. and T.G., 2002-C J-2886 (La. 3/18/03) [14 pp.]
From LSCR Volume 11, Issue 3
          Defendant Hum phries appeals the termination of his parental rights to his children. Humphries was living with his girlfriend Raven G., the ... view full summary
CRIMINAL

5.Forgery conviction reversed, where defendant did not write the forged check.
State v. Fields, 2002-K-0388 (La. 3/8/03) [8 pp.]
From LSCR Volume 11, Issue 3
          Defendant appeals a conviction of forgery. Defendant entered Mobile One, a stereo store, and selected stereo equipment. He told the salesman... view full summary
CIVIL PROCEDURE

6.Failure to serve petition upon proper defendant within 90 days results in dismissal.
Barnett v. LSU Medical Center, 02-CC-2576 (La. 2/7/03) [2 pp.]
From LSCR Volume 11, Issue 2
          Plaintiff filed his petition on January 24, 2002, then served it on C.T. Corporation Systems as agent for service of process of LSU Medical ... view full summary
TORTS

7.JNOV in personal injury suit reversed.
Cassandra Robinson v. Chantelle Fontenot, 2002-C-0704 (La. 2/7/03) [11 pp.]
From LSCR Volume 11, Issue 2
          Plaintiff filed suit against a nurse working for an emergency room doctor. The nurse had spilled ice on the floor of the ER, and plaintiff s... view full summary
CONSTITUTIONAL LAW

8.Municipality not entitled to equal protection of the laws.
Louisiana Assessor's Retirement Fund v. City of New Orleans, 02-CA-1435 (La. 2/7/03) [5 pp.]
From LSCR Volume 11, Issue 2
          Plaintiff Fund filed suit for damages against the City of New Orleans, the city's treasurer, and the city's collector of revenue ("City") to... view full summary
CRIMINAL

9.Continuance for defendant to substitute counsel interrupted one- year period for retrial.
State v. Brooks, 02-K-0792 (La. 2/14/03) [9 pp.]
From LSCR Volume 11, Issue 2
          Defendant was indicted for second-degree murder and convicted of manslaughter; and the conviction was reversed on appeal and remanded. Writs... view full summary
10.Expert opinion inadmissible to counter "lustful disposition" evidence.
State v. Hughes, 02-KK-2455 (La. 1/31/03) [9 pp.]
From LSCR Volume 11, Issue 2
          Defendant was charged with sexual molestation of his stepdaughter over a period of four years. Newly-enacted La. Code Evid. art. 412.2(A) pr... view full summary
BAR / DISCIPLINARY / ETHICS

11.Supplemental post-conviction application not time-barred.
State v. Sampson, 02-KP-0909 (La. 2/14/03) [1 p.]
From LSCR Volume 11, Issue 2
          "Whatever the words used in its order, the district court was acting within its discretion when it in effect ordered supplementation of the ... view full summary
TORTS

12.Park owes no duty to protect non-golfers from flying golf balls.
McGuire v. New Orleans City Park Improvement Assoc., 2002-C-1401 (La. 1/14/03) [11 pp.]
From LSCR Volume 11, Issue 1
          Plaintiff suffered a ruptured testicle when struck in the groin by a flying golf ball while jogging through a street traversing City Park. P... view full summary
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