| CONTRACTS
|
| 1. | Cross claim for indemnity and defense not premature before liability finding.
Daniel Bennett v. Demco Energy Services, LLC, 2023-CC-01358 (La. 05/10/2024) [10 pp.]
From LSCR Volume 32, Issue 5
In June 2022 plaintiff drove over a downed telecommunications line on Samuels Road in
Baton Rouge. The line, owned by Cox Communications of Louisiana, got ... view full summary |
| CIVIL PROCEDURE
|
| 2. | District court had discretion to set return date more than 30 days from ruling.
Jessica Mae Craft Boyer v. Jim Wayne Boyer, 2024-CC-00372 (La. 05/07/2024) [2 pp.]
From LSCR Volume 32, Issue 5
In this case the district court set the return date more than 30 days from the date of its ruling. Plaintiff filed a writ application more than 30 days from the ruling bu... view full summary |
| 3. | District court did not abuse discretion in continuing hearing on summary judgment motion.
Russell J. Sanders v. Hackbarth Delivery Service, Inc., 2024-CC-00524 (La. 05/17/2024) [4 pp.]
From LSCR Volume 32, Issue 5
Defendants in this case filed a motion for summary judgment. Plaintiffs timely filed an
opposition and transmitted it to defendants by email. One defendant... view full summary |
| TORTS
|
| 4. | Court remands for consideration of alternative summary judgment theory.
Lola Marvene Maher v. New Orleans City Park, 2024-C-00289 (La. 04/30/2024) [2 pp.]
From LSCR Volume 32, Issue 5
Plaintiff Lola Maher fell in an open drain while crossing Victory Avenue in New Orleans City
Park during the Celebration in the Oaks light show. She and her ... view full summary |
| 5. | Owner of convenience store entitled to summary judgment for lack of duty to man shot in parking lot.
Catherine Evans v. Abubaker, Inc., 2023-CC-00955 (La. 05/10/2024) [21 pp.]
From LSCR Volume 32, Issue 5
In November 2016 Tommy Wiley allegedly went to shop at the "Super Stop" convenience
store. While in the parking lot he engaged in a verbal altercation with Ced... view full summary |
| 6. | Court rejects JNOV that removed any fault from plaintiff and awarded him an additional $1 million.
Scott Wesley Eastman v. State Farm Mutual Automobile Insurance Company, 2023-C-01107 (05/10/2024) [20 pp.]
From LSCR Volume 32, Issue 5
In November 2015 a three-car, rear-end accident occurred on Interstate 10 in Calcasieu
Parish during heavily congested traffic. Plaintiff drove the middle v... view full summary |
| 7. | Defendant entitled to summary judgment on claim of injury during parade.
Amanda Carbajal v. The Chris Owens French Quarter Parade, LLC, 2024-CC-00191 (La. 05/21/2024) [6 pp.]
From LSCR Volume 32, Issue 5
Jameson Morgan, a minor child, was riding with his grandmother on a float in the 2019 Chris
Owens French Quarter Easter Parade when the float hit a tree limb, causing a... view full summary |
| CONSTITUTIONAL LAW
|
| 8. | Court grants rehearing after holding that prescribed claims for sexual abuse of minors could not be revived.
Douglas Bienvenu v. Defendant, 2023-CC-01194 (La. 05/10/2024) [3 pp.]
From LSCR Volume 32, Issue 5
On March 22, 2024, the Court held in this matter that reviving prescribed claims for the
sexual abuse of minors would be unconstitutional. (See LSCR Vol.... view full summary |
| CRIMINAL LAW
|
| 9. | Defendant entitled to examine witness with impeachment evidence of bad acts.
State v. Joshua James Willis, 2024-KK-00533 (La. 04/28/2024) [2 pp.]
From LSCR Volume 32, Issue 5
During defendant's trial, he sought to question a witness, Sylvester, about whether Sylvester
had been involved in drug-dealing from prison. Sylvester initi... view full summary |
| CRIMINAL
|
| 10. | District court ordered to act on motion to award jail credit.
State v. Anthony Watts, 2024-KH-00143 (La. 04/30/2024) [2 pp.]
From LSCR Volume 32, Issue 5
Defendant filed a writ application contending the district court had not acted timely on his
December 2023 motion to award jail credit. The Court granted a supervisory ... view full summary |
| 11. | Court reinstates denial of motion to quash indictment.
State v. Brandon Applewhite, 2024-KK-00226 (La. 04/30/2024) [2 pp.]
From LSCR Volume 32, Issue 5
Defendant filed a motion to quash the indictment against him. He contended the State had
failed to provide sufficient information about the identity of the al... view full summary |
| 12. | District court erred in meeting privately with jurors and allowing them to change verdict after being dismissed.
State v. Bridgette Digerolamo, 2024-KK-00287 (La. 04/30/2024) [5 pp.]
From LSCR Volume 32, Issue 5
Defendant was tried by a jury. The jury's verdict of not guilty was read in open court by the
minute clerk. Neither party requested polling, and the distric... view full summary |