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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| DOMESTIC RELATIONS
| | 1. | Under the UCCJA, a Louisiana court need not defer to the jurisdiction
of a foreign country that does not consider the best interests of the
child in awarding custody.
Magda Sobhy Ahmed Amin v. Abdelrahman Sayed Bakhaty, 01-C-1967 (La. 10/16/01) [25 pp.]
From LSCR Volume 9, Issue 11 Dr. Bakhaty and Ms. Amin were married in Egypt in 1991, and had one son, Ahmed, also born in Egypt in 1992. Ms. Amin and Ahmed are Egyptian ... view full summary | | 2. | General community property partition agreement did not extend to
pension benefits not specifically mentioned in the agreement.
Lula Mae Jennings v. Johnny E. Turner, Jr., 01-C-0631 (La. 11/28/01) [4 pp.]
From LSCR Volume 9, Issue 11 Plaintiff filed suit to recover her portion of her ex-husband's pension funds. Husband moved for summary judgment on the ground that the com... view full summary | | 3. | Community acquets and gains governs only if both spouses establish
domicile in this state.
Ivan L. Hand, Jr. v. Gwendolyn Robinson Hand, 01-C-0714 (La. 11/28/01) [11 pp.]
From LSCR Volume 9, Issue 11 Plaintiff husband and defendant wife were married in South Carolina and moved to England. Defendant then moved back to South Carolina, and p... view full summary | | CRIMINAL
| | 4. | Defendant has the right to cross-examine a witness as to bias or
interest resulting from arrests or pending charges, not just prior
convictions.
State v. Vernon Goodlow, 00-KO-3488 (La. 11/21/01) [2 pp.]
From LSCR Volume 9, Issue 11 At defendant's criminal trial, the district court had reviewed the victim's rap sheet in camera, and did not order the state to produce it b... view full summary | | 5. | Court of appeal may sua sponte impose a harsher sentence, when only
the defendant has appealed, distinguishing controlling precedent
State v. Sidney Williams, 00-K-1725 (La. 11/28/01) [17 pp.]
From LSCR Volume 9, Issue 11 Defendant was convicted of a third DWI and sentenced to three years imprisonment, suspended, and three years active probation and home incar... view full summary | | 6. | Robbery conviction reversed
State v. Earl Blake Young, 00-K-1437 (La. 11/28/01) [10 pp.]
From LSCR Volume 9, Issue 11 The evidence indicates that the victim was in his convenience store when defendant jumped on him and attempted to choke him, saying "I got y... view full summary | | 7. | Prosecution expert allowed to testify as to ultimate issue; death
sentence affirmed.
State v. Deal, 00-KA-0434 (La. 11/28/01) [20 pp.]
From LSCR Volume 9, Issue 11 Defendant was convicted of first-degree murder of his two month old son by forcing a twisted paper towel down the infant's throat and throwi... view full summary | | ADMINISTRATIVE
| | 8. | Two-year abandonment period for DEQ compliance orders does not
apply retroactively.
La. Dept. of Environmental Quality v. Wayne L. Rottman, 01-C-0678 (La. 11/28/01) [5 pp.]
From LSCR Volume 9, Issue 11 Plaintiff DEQ ordered defendant to close his solid waste disposal site in 1991. Defendant failed to appeal the compliance order, and it ther... view full summary | | TORTS
| | 9. | Blood transfusion strict liability cases are not subject to medical
malpractice peremption period; overruling recent precedent.
Nelson Nadine Williams v. Jackson Parish Hospital, 00-C-3170 (La. 10/16/01) [17 pp.]
From LSCR Volume 9, Issue 10 Plaintiff received a blood transfusion in 1980, and developed hepatitis C fifteen years later, allegedly as a result of the transfusion. Sui... view full summary | | 10. | Punitive damages article cannot be applied retroactively.
John Anderson and Eva Washington Anderson v. Avondale Industries, Inc., No. 00-CC-2799 (La. 10/16/01)
[11 pp.]
From LSCR Volume 9, Issue 10 Plaintiff worked with asbestos from 1968 to 1980. In 1984, the legislature passed La. Civ. Code art. 2315.3, which allowed recovery of punit... view full summary | | 11. | Land-based ship welder not a Jones Act seaman.
Richard v. Mike Hooks, Inc., No. 01-C-0145 (La. 10/16/01) [8 pp.]
From LSCR Volume 9, Issue 10 Plaintiff Richard was a tacker/welder's helper in a dockside yard that was primarily used to repair th e vessels and equipment used in defen... view full summary | | MEDICAL MALPRACTICE
| | 12. | Patient's Compensation Fund has standing to intervene to contest
physician's coverage under the MMA.
Elena Ledo Bennett, et al. v. Dr. Robert Krupkin, et al., No. 2001-C-0209 (La. 10/16/01) [10 pp]
From LSCR Volume 9, Issue 10 Plaintiff's estate filed a wrongful death action against her treating physician. On the date on which plaintiff died, the physician was reti... view full summary |
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