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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| EVIDENCE
| | 1. | Court reinstates ruling excluding certain expert testimony.
Lawrence Phillips, Jr. v. Exxon Chemical Louisiana, LLC, 2021-CC-00529 (La. 04/16/2021) [3 pp.]
From LSCR Volume 29, Issue 4
In this toxic exposure case, plaintiff filed a motion to exclude untimely disclosed new dose
reconstruction by defendant's expert, Dr. Jennifer Pierce, as well ... view full summary | | 2. | Court orders new trial after experts' testimony was erroneously limited.
Mohab Said v. Federated Rural Electric Ins. Exchange, 2021-C-00078 (La. 04/20/2021) [6 pp.]
From LSCR Volume 29, Issue 4
Plaintiff filed suit in 2012 alleging he sustained brain injuries in an auto accident the previous
year. He was treated initially by local physicians. Although he was s... view full summary | | 3. | Court reinstates grant of motion in limine.
Martin Jones v. Neo Fabrics, Inc., 2021-CC-00236 (La. 04/20/2021) [2 pp.]
From LSCR Volume 29, Issue 4
In this case the district court granted a motion in limine, but the Fourth Circuit reversed in
an unpublished decision. The Court granted a supervisory writ and, in a v... view full summary | | PROPERTY
| | 4. | Court finds donated property was separate property, reinstates denial of petition to annul donation.
In re Interdiction of Eunice Lirette Gambino, 2021-C-00267 (La. 04/20/2021) [4 pp.]
From LSCR Volume 29, Issue 4
Calvin Gambino, Sr., and Eunice L. Gambino were married in 1952 and had ten children. In
August 2017 Mr. Gambino executed a donation inter vivos in favor of ... view full summary | | CRIMINAL
| | 5. | Court allows defendant to supplement application for post-conviction relief.
State v. Charles Anthony Smith, 2021-KP-0110 (La. 04/07/2021) [2 pp.]
From LSCR Volume 29, Issue 4
The district court denied defendant's pro se application for post-conviction relief, and the
First Circuit denied a writ application. In this very brief per curiam with... view full summary | | 6. | Court orders district court to reconsider habeas application and hold evidentiary hearing on claims of newly discovered evidence.
Cheri Hayden v. Frederick Boutte, 2019-KP-00968 (La. 04/13/2021) [3 pp.]
From LSCR Volume 29, Issue 4
Cheri Hayden and Michael Coe were found guilty of second-degree murder in 2009 for the
death of Patricia Landry. Landry was killed after a truck ran over her during a purs... view full summary | | 7. | Court reinstates district court's order denying suppression of evidence seized in search of probationer's home.
State v. McCarthy, 2021-KK-00153 (La. 04/20/2021) [6 pp.]
From LSCR Volume 29, Issue 4
While defendant was on probation and parole, his parole officer, Agent Mire, contacted
Detective Gray. Agent Mire told Detective Gray that she had received ... view full summary | | INSURANCE
| | 8. | Plaintiff's UM coverage applied to accident that occurred while he was driving employer's truck.
03/24/2021) [15 pp.]
From LSCR Volume 29, Issue 3
Plaintiff was injured in an automobile accident while driving a truck owned by his employer,
AT&T. The other driver involved in the accident was underinsur... view full summary | | EVIDENCE
| | 9. | District court erred in not limiting testimony of expert in claim for damage to oyster beds.
Marty Melerine v. Tom's Marine & Salvage, LLC, 2020-C-00571 (La. 03/24/2021) [28 pp.]
From LSCR Volume 29, Issue 3
In April 2016 a tugboat pushing a barge through the coastal waters of St. Bernard Parish
entered an area known as Christmas Lake, productive oyster grounds that c... view full summary | | TORTS
| | 10. | Defendant allegedly rear-ended in multi-car collision not entitled to summary judgment.
Erin Sketchler v. Daniel Hernandez, 2020-C-01475 (La. 03/02/2021) [2 pp.]
From LSCR Volume 29, Issue 3
This case arose from a 2014 multi-car accident on Interstate 12 in Tangipahoa Parish. A
vehicle driven by Daniel Hernandez struck a vehicle driven by Loui... view full summary | | 11. | Operator of work-release program had no duty to protect prisoner from criminal activity.
Michel Jackson Miller v. State Department of Corrections, 2020-CC-1345 (La. 03/16/2021) [4 pp.]
From LSCR Volume 29, Issue 3
James Miller was an inmate in the custody of the Department of Corrections, which approved
his participation in a work-release program operated by Northshore Workforce,... view full summary | | 12. | Court reverses denial of government contractor immunity.
Daniel Harris v. Boh Bros. Construction Co., LLC, 2021-C-00084 (La. 03/16/2021) [6 pp.]
From LSCR Volume 29, Issue 3
Defendant contracted with the U.S. Army Corps of Engineers to build a concrete canal under
Louisiana Avenue in uptown New Orleans. To protect against falls, the contrac... view full summary |
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