LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 744 through 756
Archive of LSCR Articles

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

1.Court reverses dismissal of suit to enforce promissory note.
Consumer Solutions, LLC v. Theodore R. Thompson, 2020-C-1359 (La. 02/09/2021) [3 pp.]
From LSCR Volume 29, Issue 2
     Consumer Solutions, LLC, filed this suit in 2012 against Theodore Thompson, maintaining it was entitled to enforce a note executed by Thompson on November 1,... view full summary
CIVIL PROCEDURE

2.Court clarifies ruling on exception of no cause of action.
Dodson & Hooks, APLC v. The Louisiana Community Development Capital Fund, Inc. "CAPFUND," 2020-C-01002 (La. 02/17/2021) [3 pp.]
From LSCR Volume 29, Issue 2
     CAPFUND alleged that a law firm that had formerly represented it acted in "bad faith and/or with malice" in filing evidence of a claimed lien for attorney's fees into ... view full summary
3.Default judgment against IHOP not supported by sufficient evidence of premises ownership.
William Vance v. International House of Pancakes, LLC, 2020-C-01373 (La. 02/17/2021) [6 pp.]
From LSCR Volume 29, Issue 2
     Plaintiff sued International House of Pancakes, LLC, alleging he was injured after a slip-and- fall accident in the bathroom of IHOP #3432 in Natchitoches. He ... view full summary
TAXATION

4.Court grants Harrah's only partial relief on judgment requiring payment of taxes on hotel rooms.
Jazz Casino Company, LLC v. Cynthia Bridges, 2020-C-01145 (La. 02/09/2021) [3 pp.]
From LSCR Volume 29, Issue 2
     Plaintiffs are Jazz Casino Company, LLC, and JCC Fulton Development, LLC (collectively, "Harrah's"). Jazz operates the only land-based casino in Louisiana, l... view full summary
MEDICAL MALPRACTICE

5.Surgeon could testify as expert regarding robotic sleep apnea surgery although he had not performed the surgery robotically.
S.P. Davis, Sr. v. Ghali E. Ghali, M.D., 2020-CC-01260 (La. 02/09/2021) [3 pp.]
From LSCR Volume 29, Issue 2
     Plaintiff filed suit alleging defendant failed to meet the applicable standard of care when performing a transoral robotic-assisted uvulopalatopharyngoplas... view full summary
CRIMINAL

6.False personation conviction not supported by evidence.
State v. Clarence Billy Burkette, 2020-KK-01328 (La. 02/17/2021) [2 pp.]
From LSCR Volume 29, Issue 2
     In attempting to assist his handicapped minor daughter to obtain a driver's license, defendant went to the Office of Motor vehicles in Clinton. Defendant wo... view full summary
BAR/DISCIPLINARY/ETHICS

7.Former state senator disbarred after pleading guilty to felony.
In re: Wesley T. Bishop, 2020-B-1298 (La. 01/20/2021) [2 pp.]
From LSCR Volume 29, Issue 1
     Attorney and former State Senator Wesley Bishop pleaded guilty to making false statements to a federal agency, a felony violation of 18 U.S.C. Section 1001(a)(3). Accor... view full summary


8.Court retroactively suspends judge who committed misdemeanor crimes at bachelor party.
In re: F. Stanton Hardee, III, 2020-O-00747 (La. 01/27/2021) [12 pp.]
From LSCR Volume 29, Issue 1
     F. Stanton Hardee, III, was elected judge for the Kaplan City Court in Vermillion Parish and took office in 2015. He recently was reelected without opposition to a new ... view full summary
TORTS

9.DPSC and employee were immune from suit by prisoners injured during sandbagging efforts.
Norman McQuirter v. State of Louisiana, 2020-C-01192 (La. 01/12/2021) [5 pp.]
From LSCR Volume 29, Issue 1
     In August 2016 Louisiana was impacted by flooding, and the governor declared a state of emergency. Inmates at Elayn Hunt Correctional Center were used in sandbagging ef... view full summary
10.Court reinstates jury verdict in mesothelioma case.
Jerry Bagwell v. Union Carbide Corp., 2020-C-01242 (La. 01/12/2021) [4 pp.]
From LSCR Volume 29, Issue 1
     The widow and son of Jerry Bagwell sued several defendants alleging that Bagwell's death was caused by his exposure to asbestos. The jury rendered a verdict for plainti... view full summary
MEDICAL MALPRACTICE

11.Collateral source rule precluded PCF from introducing evidence of payment of medical expenses by military healthcare system plan.
Michael Thomassie v. Amedisys LA Acquisitions, LLC, 2020-C-01229 (La. 01/20/2021) [3 pp.]
From LSCR Volume 29, Issue 1
     In January 2010 Michael Thomassie, a 62-year-old disabled Navy veteran, fell at his home and fractured his leg. While subsequently being provided skilled home nursing c... view full summary
SUCCESSIONS

12.Testament was invalid because attestation clause was not substantially similar to Civil Code language regarding signing on each page.
Succession of James Conway Liner, III, 2019-C-02011 (La. 01/27/2021) [22 pp.]
From LSCR Volume 29, Issue 1
     James Liner passed away in October 2018. He had executed a notarial testament in 2013 dividing his property equally among his three adult children, Conway, Jeffrey... view full summary
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