LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 408 through 420
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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CRIMINAL

1.Court deems defendant's actions to be admissible sexually assaultive behavior.
State v. Anthony Nathaniel Green, Sr., 2023-KK-00918 (La. 10/31/2023) [2 pp.]
From LSCR Volume 31, Issue 11
     Defendant was charged with first-degree rape and home invasion. After pleading not guilty to both charges, he moved to exclude the audio recording of the identificati... view full summary
2.Defendant not entitled to out-of-time appeal.
State v. Darryl Puderer, 2023-KP-00624 & 2023-KO-00494 (La. 11/08/2023) [4 pp.]
From LSCR Volume 31, Issue 11
     In 2012 defendant pled guilty to two counts of forcible rape and two counts of second-degree kidnapping resulting from acts on two different occasions with two differen... view full summary
3.Justice required severance of murder trial.
State v. Dylan Craddock, 2023-KK-01147 (La. 11/15/2023) [3 pp.]
From LSCR Volume 31, Issue 11
     Facing murder charges, defendant moved to sever his trial from the trial of his co-defendant, Cody Matthews. Defendant presented evidence that Matthews was going to cla... view full summary
BAR / DISCIPLINARY / ETHICS

4.14th JDC judge publicly censured for conduct in handling criminal case.
In re: Judge G. Michael Canaday, 2023-O-00735 (La. 10/20/2023) [9 pp.]
From LSCR Volume 31, Issue 10
     14th Judicial District Court Judge G. Michael Canaday presided over multiple hearings in the high-profile, second-degree murder case of State v. Bartie, 14th JDC Case N... view full summary
CIVIL PROCEDURE

5.District court erred in excluding expert testimony without proper analysis.
Jordan Bryant v. State of Louisiana, 2023-CC-00731 (La. 10/10/2023) [4 pp.]
From LSCR Volume 31, Issue 10
     Plaintiff brought this suit against several defendants alleging excessive force was used against him while he was a resident of Pinecrest Supports and Servic... view full summary
6.Environmental remediation defendant not responsible for fees and costs incurred by plaintiff in pursuing other defendants.
Hero Lands Company, LLC v. Chevron, U.S.A., Inc., 2023-C-01050 (La. 10/10/2023) [2 pp.]
From LSCR Volume 31, Issue 10
     Plaintiff sued Chevron and other defendants under La. R.S. 30:29, which provides for remediation of oilfield sites and exploration and production ... view full summary
TORTS

7.Court creates new framework for reviewing general damage awards for excessiveness.
Henry Pete v. Boland Marine & Manufacturing Co., LLC, 2023-C-00170 (La. 10/20/2023) [24 pp.]
From LSCR Volume 31, Issue 10
     Plaintiff filed this suit in 2020 after being diagnosed with malignant mesothelioma. He had worked as a longshoreman at the Port of New Orleans from 1964-1968, after fi... view full summary
8.Court affirms merchant's liability but reverses reduction of plaintiff's fault.
Oris Latour v. Steamboats, LLC, 2023-C-00027 (La. 10/20/2023) [19 pp.]
From LSCR Volume 31, Issue 10
     Plaintiff was injured when he tripped and fell on a concrete ledge at Steamboat Bill's restaurant in Lake Charles. The ledge of concrete was positione... view full summary
WORKERS' COMPENSATION

9.Gross negligence standard of care for public health emergencies should not be considered by medical review panel.
Monica Sebble v. St. Luke's #2, 2023-C-00483 (La. 10/20/2023) [36 pp.]
From LSCR Volume 31, Issue 10
     Plaintiff, as executrix of the estate of Vivian Lee Brown, instituted a medical review panel proceeding under the Louisiana Medical Malpractice Act (LMMA), La. ... view full summary
10.Court affirms reversal of bench trial judgment for doctor.
Patricia Goff v. Dr. Robin Yue, 2023-C-00121 (La. 10/20/2023) [5 pp.]
From LSCR Volume 31, Issue 10
     On August 2, 2013, plaintiff went to the ER at Beauregard Memorial Hospital with complaints of chest pain and tightness. She had a significant medical history of prior ... view full summary
11.Court recalls writ in case involving injury to illegally employed child.
Jose Flores Moran v. Amtrust North America, 2023-C-00410 (La. 10/20/2023) [7 pp.]
From LSCR Volume 31, Issue 10
     In 2018 claimant was 14 years old when he sustained injuries in the scope of his employment at Jacques-Imo's Caf in New Orleans. He was carrying hot cooking oil dow... view full summary
STATE AND LOCAL GOVERNMENT

12.Court of appeal lacked appellate jurisdiction over civil service matter.
Monroe Municipal Fire and Police Service Board v. Reginald Brown, 2023-CC-00907 (La. 10/17/2023) [2 pp.]
From LSCR Volume 31, Issue 10
     Reginald Brown, former Monroe chief of police, contested the Monroe Police Department's termination of his employment before the Monroe Municipal Fire and Police Ci... view full summary
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