LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 504 through 516
Archive of LSCR Articles

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

1.Summary judgment not warranted on issue of whether defendant was in course and scope of employment at time of auto accident.
Nicholas J. Quatroy v. Andrew Michael Thornton, 2022-C-01520 (La. 01/25/2023) [2 pp.]
From LSCR Volume 31, Issue 1
     Plaintiff filed suit contending he was involved in an auto accident with Andrew Thornton when Thornton was on his way to a company sales meeting at the Met... view full summary
2.Party claiming unjust enrichment need not have taken reasonable and prudent preventive action.
Hidden Grove, LLC v. Richard Brauns, 2022-C-00757 (La. 01/27/2023) [11 pp.]
From LSCR Volume 31, Issue 1
     Plaintiff was the developer of "The Grove" subdivision in Lafayette. In August 2011 defendants Richard and Leslie Brauns purchased a home on Lot 14 in the s... view full summary
3.Court reverses awards for negligent infliction of emotional distress in connection with explosion at Meraux refinery.
Brittany Lynn Spencer v. Valero Refining Meraux, LLC, 2022-CC-00469 c/w 2022-CC-00539 c/w 2022-CC-00730 (La. 01/27/2023) [39 pp.]
From LSCR Volume 31, Issue 1
     On April 10, 2020, at about 12:45 a.m., an accident, fire, and explosion occurred in the hydrocracker unit at the Valero refinery in Meraux. The fire was... view full summary
INSURANCE

4.UM insurer entitled to summary judgment as to whether plaintiff was resident of parent's home.
Penelope Catzen v. Tashonty Toney, 2022-CC-01261 (La. 01/18/2023) [8 pp.]
From LSCR Volume 31, Issue 1
     Plaintiff filed suit alleging she was struck and injured by a speeding motorist while riding her bicycle in New Orleans in 2019. She named several defendants, including... view full summary
STATE AND LOCAL GOVERNMENT

5.City Court had no cause of action for funding by City via writ of mandamus.
Pineville City Court v. City of Pineville, 2022-C-00336 (La. 01/27/2023) [14 pp.]
From LSCR Volume 31, Issue 1
     Prior to November 2020 the City of Pineville funded the Pineville City Court, including amounts for the salaries of three clerk positions and accompanying ... view full summary
6.Mandamus not appropriate remedy to force State to pay royalties judgment.
Steve Crooks v. State of Louisiana through Department of Natural Resources, 2022-C-00625 (La. 01/27/2023) [8 pp.]
From LSCR Volume 31, Issue 1
     In 2006 plaintiffs filed a class action against the State through the Department of Natural Resources (LDNR) concerning the ownership of riverbanks in the Catahoula Ba... view full summary
CRIMINAL

7.FBI agent's comments did not warrant mistrial.
State v. Derrick Groves, 2023-KD-00046 (La. 01/13/2023) [2 pp.]
From LSCR Volume 31, Issue 1
     In 2019 a nonunanimous jury convicted defendants Derrick Groves and Kendall Barnes of second-degree murder and attempted second-degree murder in connection with... view full summary
8.Court reinstates portions of district court order allowing statements by co-defendant.
State v. Kenneth Smith, 2022-KK-01651 (La. 01/25/2023) [3 pp.]
From LSCR Volume 31, Issue 1
     In this criminal proceeding, the State sought to introduce the recording of a co-defendant's interview with police officers, as well as the co-defendant's audi... view full summary
TORTS

9.Plaintiff could present full amount of medical charges, despite agreement between hospital and assignee of its medical lien rights.
Walter George v. Progressive Waste Solutions of LA, Inc., 2022-CC-01068 (La. 12/09/2022) [13 pp.]
From LSCR Volume 30, Issue 12
     In December 2015 plaintiff was standing on the roadside near his home while Progressive Waste Solutions of LA, Inc. was picking up garbage on his street. Wh... view full summary
INSURANCE

10.Company was entitled to dismissal of class action claims by healthcare providers alleging violation of PPO statute.
George Raymond Williams, MD v. BestComp, Inc., 2022-C-00100 c/w 2022-C-00113 (La. 12/09/2022) [14 pp.]
From LSCR Volume 30, Issue 12
     Plaintiffs were a class of Louisiana healthcare providers alleging violations of the Preferred Provider Organizations (PPO) statute, La. R.S. Section 40:2201, et seq. T... view full summary
11.Failure to included insurer's name on UM waiver form rendered form invalid.
Berkley Assurance Company v. Melissa Willis, 2021-C-01554 (La. 12/09/2022) [18 pp.]
From LSCR Volume 30, Issue 12
     Macy Lee Alvey, III, was in the course and scope of his employment with Rony's Towing & Recovery, LLC, when he was struck and killed by an uninsured moto... view full summary
PROPERTY

12.Court reinstates default judgment in action to quiet title after tax sale.
NAR Solutions, Inc. v. Bryan K. Kuhn, 2022-C-00425 (La. 12/09/2022) [6 pp.]
From LSCR Volume 30, Issue 12
     Siblings Tracey, Deborah, Henry, and Bryan Kuhn inherited immoveable property on the death of their parents. In 2009 Bryan acquired Tracey's 25% interest in ... view full summary
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