| CIVIL PROCEDURE
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| 1. | When a summary judgment motion hearing is continued, the filing deadlines are reset.
Beverly Reed v. Restorative Home Health Care, LLC, 2019-C-01974 (La. 02/26/2020) [2 pp.]
From LSCR Volume 28, Issue 3
Plaintiffs filed this medical malpractice action in June 2015. In November 2017 one of the
defendants filed a motion for summary judgment on the grounds that plaintiffs ha... view full summary |
| 2. | District court erred in awarding attorney's fees under Article 1472 on percentage basis.
Juanita W. Fontenot v. Gilchrist Construction Company, LLC, 2019-C-1964 (La. 03/16/2020) [3 pp.]
From LSCR Volume 28, Issue 3
This case involved complex litigation surrounding defendant's use of plaintiffs' land to
complete a $30 million contract with the State to expand U.S. Highway 1... view full summary |
| WORKERS' COMPENSATION
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| 3. | Court reinstates judgment accelerating SEB payments against dilatory employer.
Richard McDonald v. City of Bastrop, 2019-C-01949 (La. 02/26/2020) [2 pp.]
From LSCR Volume 28, Issue 3
The Office of Workers' Compensation (OWC) awarded plaintiff supplemental earnings
benefits (SEBs) as a result of an injury he sustained in the course of his em... view full summary |
| TORTS
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| 4. | Slip-and-fall plaintiff not entitled to summary judgment on liability.
Sheila M. Guidry v. Brookshire Grocery Company, 2019-CC-1999 (La. 02/26/2020) [3 pp.]
From LSCR Volume 28, Issue 3
Plaintiff filed suit alleging she slipped and fell in a puddle of clear liquid on the floor of
defendant's supermarket. She filed a motion for summary ... view full summary |
| 5. | Restaurant entitled to summary judgment on bad oyster claim.
Natalian Davis v. A Bar And Grill With A Bite, Inc., 2019-OC-1928 (La. 03/16/2020) [3 pp.]
From LSCR Volume 28, Issue 3
Plaintiff alleged that she began to feel ill shortly after consuming oysters at defendant's
restaurant. She further alleged that a test conducted several m... view full summary |
| DOMESTIC RELATIONS
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| 6. | District court erred in excluding expert testimony.
Shakti Belway v. Gregory Neal Thyssen, 2020-CC-0340 (La. 03/09/2020) [1 p.]
From LSCR Volume 28, Issue 3
In this domestic matter the Civil District Court for the Parish of Orleans excluded the
testimony of two experts, Dr. Amy Dickson and Dr. Carole ... view full summary |
| 7. | First Circuit ordered to act on writ application.
Jane Doe v. Kyle S. Poulicek, 2020-CD-00341 (La. 03/09/2020) [1 p.]
From LSCR Volume 28, Issue 3
The Court granted a supervisory writ in part and ordered the First Circuit to act
expeditiously on plaintiff's writ application to the extent it sought re... view full summary |
| CRIMINAL
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| 8. | Third Circuit ordered to act on writ application.
State v. Michael Worley, 2020-KH-0309 (La. 03/02/2020) [1 p.]
From LSCR Volume 28, Issue 3
Defendant represented to the Court that the Third Circuit had failed to act timely on an
application for supervisory writs filed on or about Marc... view full summary |
| 9. | District court ordered to address issue of seized property.
State v. Eric Paul McNeil, 2020-KK-0039 (La. 03/16/2020) [4 pp.]
From LSCR Volume 28, Issue 3
Defendant sought the return of seized property, including firearms, ammunition, and
containers. The Court granted a supervisory writ in part. To the extent de... view full summary |
| PROPERTY
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| 10. | Claims for inverse condemnation by State had prescribed.
01/29/2020) [21 pp.]
From LSCR Volume 28, Issue 2
In 1962 the federal government began constructing structures in and around the Catahoula
Basin under the River and Harbor Act of 1960 to promote navigation on the Ouac... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 11. | Court declines to issue writ of mandamus to First Circuit re allotment of cases and assignment of panels.
Texas Brine Company, LLC v. Rodd Naquin, 2019-OC-01503 c/w 2019-OC-01508 (La. 01/31/2020) [26 pp.]
From LSCR Volume 28, Issue 2
This opinion involved two consolidated cases in which the plaintiffs challenged the system
by which the First Circuit Court of Appeal allots matters and assembles panel... view full summary |
| TAXATION
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| 12. | Online marketplace was not obligated to collect and pay sales tax for purchases made from third-party retailers.
Newell Normand v. Wal-Mart.Com USA, LLC, 2019-C-00263 (La. 01/29/2020) [55 pp.]
From LSCR Volume 28, Issue 2
Wal-Mart.com operates an online marketplace at which website visitors can buy products
from it or third-party retailers. Wal-Mart.com reported its online sales of its p... view full summary |