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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| INSURANCE
| | 1. | Named driver exclusion from automobile liability insurance is binding
regardless of named driver's subsequent change in residency.
Jodi Kelley Williams v. Donald Watson, et al., No. 01-C-0495 (La. 10/16/01) [9 pp.]
From LSCR Volume 9, Issue 10 Plaintiff sought damages for personal injuries when the car he was driving was rear-ended by a car driven by defendant Donald Watson. The de... view full summary | | CIVIL PROCEDURE
| | 2. | Partial summary judgment rendered prior to 1999 was appealable due
to ambiguity in the law
Shell Pipeline Corporation v. La. Dept. of Revenue and Taxation, No. 00-OC-3207 (La. 10/16/01) [6 pp.]
From LSCR Volume 9, Issue 10 In this action to recover taxes paid under protest, the state appealed a partial summary judgment in favor of the taxpayer. The judgment had... view full summary | | 3. | District court's JNOV increasing damage award was abuse of
discretion.
Gladys Marie Hunter, et vir. v. Wal-Mart, No. 01-C-0299 (La. 10/16/010) [5 pp.]
From LSCR Volume 9, Issue 10 Plaintiff caught her foot in a wooden pallet at Wal-Mart in April, 1996; and she fell, but was caught by an employee. Her foot was bruised, ... view full summary | | 4. | Hidden business arrangement between plaintiff and codefendant
renders judgment void for ill practices. Belle Pass Terminal, Inc. v. Jolin, Inc., et al. c/w Jolin, Inc. v. Belle Pass Terminal, Inc., et al., No. 2001-C-
0149 (La. 10/16/01) [10 pp.]
From LSCR Volume 9, Issue 10 Plaintiff Guidry filed this suit to annul a judgment that had been rendered against him in 1992. Plaintiff and others, including an individu... view full summary | | 5. | Summary judgment properly granted dismissing fraud claim.
J. Elise Shelton v. Standard/700 Associates, et al., No. 01-C-0587 (La. 10/16/01) [9 pp.]
From LSCR Volume 9, Issue 10 Plaintiff sued for rescission of the sale of her condominium, alleging fraud in the inducement of the sale. Plaintiff's condominium unit dev... view full summary | | STATE AND LOCAL GOVERNMENT
| | 6. | Parish's obligation to fund coroner's office entitles coroner to
attorney's fees in successful mandamus suit to acquire funding.
Dr. Roderick P. Perron, M.D., Coroner v. Evangeline Parish Police Jury, et al., No. 2001-C-0603 (La. 10/16/01) [11 pp.]
From LSCR Volume 9, Issue 10 Plaintiff coroner sought mandamus relief against the parish police jury to force it to fund his office, pursuant to its statutory duty in La... view full summary | | CRIMINAL
| | 7. | Theft of goods statute constitutional.
State v. Dwayne Fleury, No. 01-KA-0871 (La. 10/16/01) [11 pp.]
From LSCR Volume 9, Issue 10 Defendant was charged with "theft of goods" valued between $100 and $500, in violation of La.R.S. S 14:67.10. He moved to quash the bill of ... view full summary | | 8. | Defendant allowed to withdraw guilty plea when sentence was
increased after PSI.
State v. Kenneth R. Trahan, No. 99-K-3470 (La. 10/5/01) [4 pp.]
From LSCR Volume 9, Issue 10 A handwritten note on defendant's guilty-plea form read "PSI (2 years susp., 2 years active probation, 1 year OPP to be served on weekends).... view full summary | | ADMINISTRATIVE
| | 9. | District and appellate courts have neither appellate nor supervisory
jurisdiction over nonfinal actions of the Gaming Control Board.
Metro Riverboat Associates, Inc. v. Louisiana Gaming Control Board, No. 01-C-0185 (La. 10/16/01) [11 pp.]
From LSCR Volume 9, Issue 10 Plaintiff Metro was a 50.1% owner of the Belle of New Orleans riverboat company. Hilton was the 49.9% owner. Hilton petitioned the Louisiana... view full summary | | TORTS
| | 10. | Defendant who negligently damages power lines is liable to utility's
customers
Cleco Corp. v. Leonard Johnson, No. 2001-CC-0175 (La. 9/18/01) [8 pp.]
From LSCR Volume 9, Issue 9 Plaintiff Cleco Corp. brought this action for damages suffered by its customers when defendant driver ran his dump truck into a utility pole... view full summary | | CIVIL PROCEDURE
| | 11. | Prescription of tax collection by the government is continuously
interrupted by filing of fraudulent return
Elevating Boats, Inc. v. St. Bernard Parish, et al., No. 00-C-3518 (La. 9-5-01) [34 pp.]
From LSCR Volume 9, Issue 9 Plaintiff Elevating Boats, Inc. filed two petitions for refund of taxes paid under protest, and the two suits were consolidated. Elevating B... view full summary | | STATE AND LOCAL GOVERNMENT
| | 12. | Bills regulating public trusts as state agencies are constitutional
Louisiana Public Facilities Authority v. Murphy J. "Mike" Foster, Jr., No. 01-CA-0009 (La. 9/18/01) [18 pp.]
From LSCR Volume 9, Issue 9 Plaintiff the Louisiana Public Facilities Authority ("LPFA") was created in 1974 pursuant to the Public Trusts Act, La.R.S. SS 9:2341, e... view full summary |
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