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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| CIVIL PROCEDURE
| | 1. | District court's written judgment of eviction cured defect as to timeliness of suspensive appeal.
Segal Radhi v. Christie Phuong Nguyen, 2022-CC-01203 (La. 08/15/2022) [2 pp.]
From LSCR Volume 30, Issue 8
On June 1, 2022, the district court evicted defendant. On June 2, defendant filed a motion for
suspensive appeal. On July 5, the district court signed the written judgm... view full summary | | TORTS
| | 2. | Plaintiff could maintain actions against employer for employer's negligence and its vicarious liability for employee's negligence.
Reginald Martin v. Rodney Thomas, 2021-C-01490 (La. 06/29/2022) [18 pp.]
From LSCR Volume 30, Issue 7
Plaintiff alleged he and Rodney Thomas were involved in a vehicle collision on South Purdue
Street in Vivian, Louisiana, in December 2016. Thomas was driving a tractor tr... view full summary | | 3. | Court reverses summary judgment for employer based on Martin, above.
Lisa Whittington v. Walmart, Inc., 2021-CC-01800 (La. 07/29/2022) [2 pp.]
From LSCR Volume 30, Issue 7
In this personal injury case, Walmart admitted that its employee was in the course and scope
of employment at the time of the alleged tortious events. It moved for part... view full summary | | INSURANCE
| | 4. | Written authorization was required for assistant to stamp corporate representative's signature onto UM rejection form and effectively waive coverage.
Johnny Carval Havard v. Ricky Jeanlouis, 2021-C-00810 (La. 06/29/2022) [19 pp.]
From LSCR Volume 30, Issue 7
Plaintiff and Ricky Jeanlouis were involved in an auto accident while plaintiff was driving a
tow truck owned by his employer, Rick's Towing & Recovery Service, Inc... view full summary | | 5. | Physical altercation exclusion in motel's CGL policy barred coverage for kidnapping and death.
Ali Kazan v. Red Lion Hotels Corporation, 2021-CC-01820 (La. 06/29/22) [9 pp.]
From LSCR Volume 30, Issue 7
Lia Kazan visited an Alexandria motel to meet some friends. During the visit she went into
the motel parking lot to get something from her car. While she was in her car... view full summary | | TAXATION
| | 6. | Taxpayer lost right to appeal claim denial where tax collector did not decide claim within a year.
Nucor Steel Louisiana, LLC v. St. James Parish School Board, 2021-C-01814 (La. 06/29/2022)### [7 pp.]
From LSCR Volume 30, Issue 7
On January 26, 2016, plaintiff submitted a tax refund claim to defendant, as tax collector. In
April 2016 defendant acknowledged receipt of the refund claim an... view full summary | | MEDICAL MALPRACTICE
| | 7. | Court reverses grant of exception of prescription, disagreeing with lower courts as to date of discovery.
In re: Medical Review Panel of Mason Heath, 2021-C-01367 (La. 06/29/2022) [23 pp.]
From LSCR Volume 30, Issue 7
Plaintiffs Isiah and Chrishanna Smith filed a medical malpractice suit on behalf of their minor
son, Mason Heath. They named Dr. Robert Russell, Minden Medical Center a... view full summary | | CRIMINAL
| | 8. | After non-unanimous conviction of lesser-included offense was vacated, double jeopardy barred State from retrying defendant for higher offense.
State v. Ronald Gasser, 2022-K-00064 (La. 06/29/2022) [27 pp.]
From LSCR Volume 30, Issue 7
This case arose from the 2016 road rage incident that led to the shooting death of Joseph
McKnight. A grand jury indicted defendant on the charge of second-degree murde... view full summary | | 9. | Conviction for offense erroneously described as lesser-included operated as acquittal of higher charged offense.
State v. Ladarious Brown, 2021-K-01336 (La. 06/29/2022) [7 pp.]
From LSCR Volume 30, Issue 7
This case also involved double jeopardy principles. Defendant was charged with two offenses
arising from a domestic incident: illegal use of weapons under La. R.S. Sect... view full summary | | 10. | Home invasion is crime of specific intent.
State v. Brian Clarke, 2021-KK-01460 (La. 06/29/2022) [6 pp.]
From LSCR Volume 30, Issue 7
Defendant was charged with home invasion under La. R.S. Section 14:62.8. He provided notice of
his intent to present the affirmative defense of voluntary into... view full summary | | CIVIL PROCEDURE
| | 11. | Court reverses res judicata dismissal that was based on arbitration award.
Velandera Petrophysical Consulting, LLC v. Velandera Energy Partners, LLC, 2022-C-00171 (La. 05/24/2022) [2 pp.]
From LSCR Volume 30, Issue 6
Velandera Petrophysical Consulting, LLC (Velandera Consulting) was in the business of
researching, sourcing, and negotiating oil and gas interests for other comp... view full summary | | 12. | Family court should conduct in camera inspection of financial records requested from third party.
Selby Kean Thompson v. Robert Mason Thompson, III, 2022-CC-00620 (La. 05/24/2022) [3 pp.]
From LSCR Volume 30, Issue 6
In this domestic case, plaintiff directed a subpoena duces tecum and subpoena for deposition
to TB Services, LLC. She alleged defendant had an interest in TB... view full summary |
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