LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 396 through 408
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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WORKERS' COMPENSATION

1.Summary judgment warranted dismissing tort claim as precluded by workers' compensation.
Octavio Diaz-Molina v. Walter C. Flower, III, 2023-CC-01135 (La. 12/19/2023) [7 pp.]
From LSCR Volume 31, Issue 12
     Defendant, Walter C. Flower, III, owned a residence and property in Covington, as well as an investment corporation known as Walter C. Flower & Co. He hir... view full summary
CRIMINAL

2.Good faith exception applied to allow evidence found in search of home.
State v. Eric James, 2023-KK-00853 (La. 12/05/2023) [3 pp.]
From LSCR Volume 31, Issue 12
     Defendant was charged with possession of a firearm by a convicted felon and possession of Oxycodone. He moved to suppress evidence of the crimes recovered under a July ... view full summary
3.Court recuses district judge in death penalty case.
State v. Matthew Mire, 2023-KK-01010 (La. 12/05/2023) [2 pp.]
From LSCR Volume 31, Issue 12
     In this first-degree murder prosecution in which the State sought the death penalty, defendant moved to recuse the district judge. The district court denied... view full summary
4.To preserve issue for appeal, defendant must object to denial of challenge to prospective juror for cause.
State v. Jose Sagastume, 2022-K-01824 (La. 12/08/2023) [11 pp.]
From LSCR Volume 31, Issue 12
     Defendant was charged with domestic abuse battery by strangulation after he attacked and choked his wife. Pertinent here, defendant raised two for-cause challenges t... view full summary


5.Court imposes reciprocal discipline following federal court proceedings.
In re: Jonathan B. Andry, 2023-B-00374 (La. 11/15/2023) [7 pp.]
From LSCR Volume 31, Issue 11
     This case involved the imposition of reciprocal discipline under Supreme Court Rule XIX, 21. Respondent is an attorney licensed to practice law in Louisiana. He was am... view full summary
BAR / DISCIPLINARY / ETHICS

6.Lawyer suspended for communicating with represented party and making false statement to ODC.
In re: David Band, Jr., 2023-B-00284 (La. 11/17/2023) [14 pp.]
From LSCR Volume 31, Issue 11
     Respondent, an attorney licensed to practice law in Louisiana for more than 50 years, represented Mortimer Bishop in a property dispute with Christ... view full summary
7.Lawyer suspended for three years after converting $6 million in funds owed to third parties.
In re: Tim L. Fields, 2023-B-0343 (La. 11/17/2023) [33 pp.]
From LSCR Volume 31, Issue 11
     Respondent is a lawyer licensed to practice in Louisiana since 1997. He had a long-standing arrangement with a chiropractor who provided respondent's personal injur... view full summary
8.Lawyer suspended after arrest for battery.
In re: Mark Jeffrey Neal, 2023-B-00344 (La. 11/17/2023) [19 pp.]
From LSCR Volume 31, Issue 11
     Respondent is an attorney licensed to practice law in Louisiana since 1996. In September 2020 his attorney notified the Office of Disciplinary Counsel (ODC) t... view full summary
TORTS

9.Summary judgment not appropriate in suit against funeral home for damages caused by viewing mishandled corpse.
Tanya White v. DT Williams, LLC d/b/a Williams Funeral Home, 2023-C-0906 (La. 11/08/2023) [2 pp.]
From LSCR Volume 31, Issue 11
     Plaintiff's father passed away on Friday, May 4, 2018, and plaintiff's sister entrusted his body to defendant Williams Funeral Home. Defendant arranged a meet... view full summary
MEDICAL MALPRACTICE

10.Court reverses exclusion of entirety of expert testimony and outlines limitations.
Liric Jackson v. Ochsner Clinic Foundation, 2023-CC-01487 (La. 11/13/2023) [2 pp.]
From LSCR Volume 31, Issue 11
     At issue here was expert testimony to be presented by plaintiffs from Dr. Kevin Stephens. The district court allowed the testimony. The Fourth Circuit granted a superviso... view full summary
STATE AND LOCAL GOVERNMENT

11.City of Shreveport not statutorily obliged to pay operational expenses of Marshal's office.
Charlie Caldwell, Jr. v. The City of Shreveport, 2023-C-00182 (La. 11/17/2023) [13 pp.]
From LSCR Volume 31, Issue 11
     The Shreveport City Marshal filed a petition for a writ of mandamus or, alternatively, damages against the City of Shreveport. The Marshal argued that ... view full summary
DOMESTIC RELATIONS

12.Plaintiff had right of action to test marriage contract with defendant.
Glenda Bandaries Pickett v. Roy Layne Pickett, 2023-CC-01374 (La. 11/15/2023) [2 pp.]
From LSCR Volume 31, Issue 11
     Plaintiff brought this action to test the validity of a marriage contract between her and defendant. Defendant filed an exception of no right of action, w... view full summary
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