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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| MEDICAL MALPRACTICE
| | 1. | Nursing home case covered by MMA only when wrongdoing sounds in medical malpractice.
Richard v. Louisiana Extended Care Centers, 2002-C-0978 (La. 1/14/03) [14 pp.]
From LSCR Volume 11, Issue 1 Plaintiffs' decedent, a 92-year-old double amputee, was confined in a nursing home when she suffered bruises and lacerations to her head and... view full summary | | CIVIL PROCEDURE
| | 2. | Premature ruling on constitutional issue erroneous.
Ring v. State, DOTD, 2002-CA-1367 (La. 1/14/03) [9 pp.]
From LSCR Volume 11, Issue 1 Plaintiff, an Illinois trucker, was stopped on an Interstate Highway in Louisiana and ticketed for failing to stop at a weigh station. The s... view full summary | | WORKERS' COMPENSATION
| | 3. | Multiple penalties available for multiple infractions by employer; voc-rehab must concentrate on employee's area.
Fontenot v. Reddell Vidrine Water Dist., 2002-C-0439 (La. 1/14/03) [22 pp.]
From LSCR Volume 11, Issue 1 These two consolidated appeals from worker's compensation awards involve two separate legal issues: (1) assessment of multiple penalties aga... view full summary | | CRIMINAL
| | 4. | Dialogue captured in video tape of drug transaction was res gestae.
State v. Irvin Brooks, 01-K-0785 (La. 1/14/03) [5 pp.]
From LSCR Volume 11, Issue 1 Defendant was convicted of distribution of cocaine. At trial, the jury during deliberations was allowed, upon their request, to review porti... view full summary | | 5. | Savage beating supports "specific intent to kill" for attempted murder.
State v. Bishop, 01-K-2548 (La. 1/14/03) [9 pp.]
From LSCR Volume 11, Issue 1 Defendant and an accomplice savagely and thoroughly beat an old man, cut him with a knife and broken bottle, and left him in a clump of bush... view full summary | | 6. | Robber's sentence that was twice as long as codefendant's not excessive.
State v. Donald K. Smith, 2001-K-2574 (La. 1/14/03) [7 pp.]
From LSCR Volume 11, Issue 1 Defendant and his codefendant Johnson were convicted of the armed robbery of $400,000 in jewelry from a store in a shopping mall. During the... view full summary | | 7. | Res gestae crime spree admissible; death sentence affirmed.
State v. Michael Taylor, 2001-KA-1638 (La. 1/14/03) [37 pp.]
From LSCR Volume 11, Issue 1 Defendant appeals his conviction of first-degree murder and sentence of death. The evidence showed that defendant and his codefendant Timoth... view full summary | | 8. | Male officers' detention of female suspect while female officer arrived for pat-down not an arrest.
State v. Alisha Adams, 2001-KK-3231 (La. 1/14/03) [8 pp.]
From LSCR Volume 11, Issue 1 Officers observed defendant, in a high crime area, run and hide from police as soon as she saw the police car. As she ran, she appeared to r... view full summary | | INSURANCE
| | 9. | Insurer who participated in settlement precluded from using it as coverage defense.
Rollins v. Richardson, 2002-C-0556 (La. 12/4/02) [6 pp.]
From LSCR Volume 10, Issue 12 Plaintiff filed suit on behalf of her minor child after she allegedly contracted mediastinal fibrosis as a result of the refuse stored on her neighbors' property. The neighbors filed a third-party de... view full summary | | CIVIL PROCEDURE
| | 10. | Prescription interrupted for molestation claims against the state.
SS on behalf of LMW v. State, Dept. of Social Services, 2002-C-0831 (La. 12/4/02) [12 pp.]
From LSCR Volume 10, Issue 12 Mother filed suit on behalf of her minor daughter, LW, against the Department of Social Services ("DSS") and their juvenile shelter, ETC, after LW was raped and became pregnant by an ETC employee whi... view full summary | | 11. | New rules for admission pro hac vice.
Williams v. City of New Orleans, 2002-CC-1127 (La. 12/4/02) [11 pp.]
From LSCR Volume 10, Issue 12 In this suit brought by an employee of a railroad pursuant to FELA, a Texas attorney, Baxley, applied with local counsel for admission pro hac vice as counsel for plaintiff. The ex parte motion recit... view full summary | | STATE AND LOCAL GOVERNMENT
| | 12. | Unwritten practice contrary to civil service rules not a vested property right.
Lafleur v. City of New Orleans, 2001-C-3224 (La. 12/4/02) [11 pp.]
From LSCR Volume 10, Issue 12 Plaintiffs, New Orleans police officers, filed suit against the City of New Orleans seeking compensation for sick leave that was accrued but unused as of the date of their retirement. Allegedly, the ... view full summary |
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