| CIVIL PROCEDURE
|
| 1. | District court abused its discretion in issuing protective order.
Kayla Watson v. Daniel Banguel, 2022-C-01678 (La. 01/25/2023) [2 pp.]
From LSCR Volume 31, Issue 1
In January 2020 plaintiff filed a petition for protection from stalking under La. R.S. Section 46:2171
against defendant. After issuing a temporary restraining order, t... view full summary |
| 2. | Court assesses costs against State in mooted prisoner complaint.
Charles Butler v. Louisiana Department of Public Safety & Corrections, 2022-CI-0844 (La. 11/01/2022) [2 pp.]
From LSCR Volume 30, Issue 11
Plaintiff was a prisoner in the custody of defendant. In September 2020 he submitted a
request for an administrative remedy procedure (ARP) alleging the i... view full summary |
| 3. | Attorney general had right to intervene in suit alleging violation of Dual Officeholding and Dual Employment Law.
J. Schuyler Marvin v. Robert Berry, 2022-C-00969 (La. 11/01/2022) [2 pp.]
From LSCR Volume 30, Issue 11
In July 2020 the Louisiana Attorney General notified Robert Berry of a complaint that he was
violating Louisiana's Dual Officeholding and Dual Employment Law, La. R.S. ... view full summary |
| 4. | Court clarifies application of lis pendens doctrine.
Saulsbury Industries, Inc. v. Cabot Corporation, 2022-C-01162 (La. 11/01/2022) [4 pp.]
From LSCR Volume 30, Issue 11
Cleco Power, LLC, and Cabot Corporation contracted with Saulsbury Industries, Inc., to be
the prime contractor on a project to construct and develop a 50-megawatt renew... view full summary |
| 5. | Debtors should proceed with challenge to default deficiency judgment through petition to annul, not appeal of judgment.
Home Bank, N.A. v. Golden LA Properties, LLC, 2022-C-01204 (La. 11/08/2022) [2 pp.]
From LSCR Volume 30, Issue 11
In 2015 Golden LA Properties, LLC, executed a promissory note with a principal balance of
almost $3 million in favor of plaintiff. To secure the note, Golden signed a m... view full summary |
| 6. | Unserved defendant entitled to dismissal on abandonment despite acts as to other defendants.
Souleya Daoteuang v. Dr. Michael Cotugno, M.D., 2022-CC-01275 (La. 11/08/2022) [3 pp.]
From LSCR Volume 30, Issue 11
Plaintiff filed suit against Dr. Michael Cotugno and others in January 2016. Dr. Cotugno later
filed a motion to dismiss based on abandonment under La. Code Civ. Proc... view full summary |
| 7. | Court reverses denial of legislative continuance.
Jeremy Paul Ducote v. Carley Katherine Magette, 2022-CD-01649 (La. 11/10/2022) [5 pp.]
From LSCR Volume 30, Issue 11
Louisiana R.S. Section 13:4163 provides grounds for a continuance in a civil or criminal matter by
an employee of the Louisiana legislature when that person's participa... view full summary |
| 8. | Citizen suit to enforce conservation laws is imprescriptible.
State ex rel Justin Dale Tureau v. BEPCO, L.P., 2021-C-00856 (La. 10/21/2022) [37 pp.]
From LSCR Volume 30, Issue 10
Under La. R.S. Section 30:14, the Louisiana Commissioner of Conservation has a duty to restrain
any person who "is violating or is threatening to violate" con... view full summary |
| 9. | Claim for penalties under PPO Act governed by 10-year prescriptive period.
Mark Wightman v. Ameritas Life Insurance Corp., 2022-CQ-00364 (La. 10/21/2022) [17 pp.]
From LSCR Volume 30, Issue 10
Plaintiffs are dental providers who entered into a preferred provider organization (PPO)
contract with DenteMax, LLC, in 2009. Plaintiffs agreed to discount ... view full summary |
| 10. | Defendant may appeal summary judgment dismissing co-defendant even if plaintiff does not appeal.
Stephen Amedee v. Aimbridge Hospitality, LLC, 2021-OC-01906 (La. 10/21/2022) [24 pp.]
From LSCR Volume 30, Issue 10
Plaintiff filed suit against several defendants for personal injuries sustained when he tripped
and fell on the driveway entrance to the Embassy Suites Hotel in New Orl... view full summary |
| 11. | Code of Civil Procedure art. 425 works in tandem with the res judicata statutes.
Carlo Carollo, Jr. v. State of Louisiana, Department of Transportation and Development, 2021-C-01670 (La. 09/09/2022) [33 pp.]
From LSCR Volume 30, Issue 9
In 2017 Dr. Carlo Carollo, Sr., and his wife, Angelina Carollo, died of injuries sustained when
their vehicle was struck by an 18-wheeler at the intersection of Louisia... view full summary |
| 12. | Court remands grant of attorney's fees in oilfield remediation case.
The Sweet Lake Land and Oil Company, LLC v. Oleum Operating Company, L.C., 2022-C-00497 (La.f09/20/2022) [2 pp.]
From LSCR Volume 30, Issue 9
Plaintiff filed this oilfield legacy suit in 2010, seeking remediation of its property by
operators under decades-old oil, gas, and mineral leases, and see... view full summary |
| 13. | Court vacates court of appeal decision rendered after defendant's death.
Sanctuary Capital, LLC v. Richard D. Cloud, 2022-C-00751 (La. 09/20/2022) [2 pp.]
From LSCR Volume 30, Issue 9
Plaintiffs were minority members of North Louisiana Bidco, LLC. In 2014 they sued Richard
Cloud and James Garner, as managers of the LLC, for access to cert... view full summary |
| 14. | Untimely motion to recuse need not be set for hearing.
Cera Vitaliano v. Christopher Blackstock, 2022-CJ-01397 (La. 09/22/2022) [2 pp.]
From LSCR Volume 30, Issue 9
In this case, one of the parties filed a motion to recuse the presiding judge. The district court
concluded the motion was not timely filed but ordered a recusal hearin... view full summary |
| 15. | District court ordered to act on petition.
State v. Jason Kauzlarich, 2022-KD-00816 (La. 09/27/2022) [ 2 pp.]
From LSCR Volume 30, Issue 9
Defendant represented to the Court that the 19th Judicial District Court had failed to act
timely on his petition for injunctive relief and declaratory ju... view full summary |
| 16. | District court required on second remand to make specific findings as to production of claim file.
Todd Fanguy v. UV Insurance Risk Retention Group, Inc., 2022-CC-1290 (La. 09/27/2022) [2 pp.]
From LSCR Volume 30, Issue 9
Plaintiffs sought the production of documents in defendant's claim file, to which defendant
objected. In November 2021, the Court granted a supervisory writ i... view full summary |
| 17. | 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 |
| 18. | 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 |
| 19. | 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 |
| 20. | Plaintiff allowed to amend petition to state bad faith claim against insurer.
Faith A. Boudoin v. Safeco Insurance Company of Oregon, 2022-CC-00402 (La. 06/01/22) [4 pp.]
From LSCR Volume 30, Issue 6
Plaintiff moved for leave to amend her petition to add a bad faith claim against an alleged
uninsured/underinsured motorist insurer. The district court denied th... view full summary |
| 21. | Plaintiff entitled to cross-examine witness although she called him under art. 611 in her case-in-chief.
Julie Runkle v. Louisiana Urology, LLC, 2022-CC-00514 (La. 06/01/22) [6 pp.]
From LSCR Volume 30, Issue 6
Louisiana Code of Evid. art. 611(C) provides in part that leading questions should not be
used on direct examination, except as necessary to develop testimony and... view full summary |
| 22. | Court remands denial of AME for reconsideration in light of recent decision.
Kathy Culberath v. State of Louisiana, 2022-CC-00582 (La. 06/08/2022) [2 pp.]
From LSCR Volume 30, Issue 6
Defendant moved to compel an additional medical examination (AME) of plaintiff under La. Code Civ. Proc. art 1464, and the district court denied the motion. T... view full summary |
| 23. | Court lacked appellate jurisdiction because judgment below did not declare statute unconstitutional.
Troy Lillie v. Stanford Trust Company, 2022-CA-00328 (La. 04/12/2022) [3 pp.]
From LSCR Volume 30, Issue 4
The State of Louisiana, through the Louisiana Office of Financial Institutions, was a defendant
in this matter. It filed a motion for partial summary judgment based ... view full summary |
| 24. | Court of appeal erred in dismissing appeal when grounds were not free from doubt.
Robert Schiff v. Lawrence Pugh, 2022-OC-00210 (La. 04/12/2022) [2 pp.]
From LSCR Volume 30, Issue 4
In this legal malpractice action, the district court granted defendants' motion for summary
judgment and dismissed plaintiff's claims. The district court granted the mo... view full summary |
| 25. | Court amends judgment to provide that each party pay its own costs.
Thaddeus Jeffery Johnson Sr. v. C's Transportation Services, LLC, 2022-CC-00260 (La. 04/12/2022) [2 pp.]
From LSCR Volume 30, Issue 4
Thaddeus Johnson Jr. was a passenger in a vehicle owned by C's Transportation Services and
driven by Delacy Howard, a C's employee and Johnson's aunt, when the vehicle ... view full summary |
| 26. | Court reinstates district court's ruling on discovery dispute.
Crosstex Energy Services, LP v. Texas Brine Company, LLC, 2022-CC-00375 (La. 04/13/22) [3 pp.]
From LSCR Volume 30, Issue 4
In this discovery dispute, the district court conducted an in-camera inspection of the
documents at issue and ordered Occidental Chemical Company to produce... view full summary |
| 27. | Writ application had no effect on delays to file suspensive appeal.
Gregory Swafford Family Trust v. Graystar Mortgage, 2022-O C-00059 (La. 03/15/2022) [2 pp.]
From LSCR Volume 30, Issue 3
After unsuccessfully filing a petition to annul the sale of property at a sheriff's sale, plaintiff
filed a petition for injunctive relief against the foreclosing mortg... view full summary |
| 28. | New trial ordered because district court erred in denying motion for AME.
Ronald Hicks v. USAA General Indemnity Company, 2021-C-00840 (La. 03/25/22) [17 pp.]
From LSCR Volume 30, Issue 3
Plaintiff was a passenger in a heavy-duty flatbed truck when it was rear-ended by a vehicle
driven by Robert Harger. Harger was traveling at about 60-65 miles per hour ... view full summary |
| 29. | Appeal of protective order from stalking not moot although protective order had expired.
Kayla Watson v. Daniel Banguel, 2021-C-01793 (La. 02/08/2022) [2 pp.]
From LSCR Volume 30, Issue 2
In January 2020 plaintiff filed a petition for protection from stalking against defendant under
La. R.S. Section 46:2171. The district court granted plaintiff a tempora... view full summary |
| 30. | Genuine issues of fact precluded summary judgment regarding multiple flooding events at plaintiff's home.
Demecia King v. Town of Clarks, 2021-C-01897 (La. 02/22/2022) [5 pp.]
From LSCR Volume 30, Issue 2
Plaintiff filed suit against the town of Clarks and town officials alleging her home was
damaged from flooding from a manhole near her front door... view full summary |
| 31. | District courts do not have discretion to consider late-filed oppositions to motions for summary judgment.
Ann Marie Auricchio v. Lyneigh J. Harriston, 2020-CC-01167 (La. 12/10/2021) [8 pp.]
From LSCR Volume 29, Issue 12
In this dispute between neighbors, plaintiffs filed a motion for summary judgment on March
3, 2020. The hearing was set for July 31. On July 20, defendant ... view full summary |
| 32. | District court erred in excluding plaintiff's medical records.
Bradley Day v. Elvis Thompson, 2021-CC-01838 (La. 12/17/2021) [3 pp.]
From LSCR Volume 29, Issue 12
This case arose from a multi-car collision in 2017. Defendants sought to introduce at trial
certified medical records of Tracey Day, one of the plaintiffs, be... view full summary |
| 33. | In reviewing summary judgment, court of appeal was limited to issues raised by the parties.
Safeway Insurance Company of Louisiana v. Government Employees Insurance Company, 2021-C-01382 (La. 12/21/2021) [3 pp.]
From LSCR Volume 29, Issue 12
In 2018 Shawn Alford was driving a vehicle owned by Alexis Bradley when the rear driver-
side tire and rim detached from the vehicle. The wheel rolled into o... view full summary |
| 34. | District court erred in recusing district attorney.
State v. Vincent Simmons, 2021-OK-01362 (La. 12/21/2021) [3 pp.]
From LSCR Volume 29, Issue 12
In response to defendant's application for post-conviction relief, the Avoyelles Parish District
Attorney indicated he would assert procedural objections, rather than w... view full summary |
| 35. | Court reinstates denial of exception of res judicata.
Turbine Generation Services, LLC v. GE Oil & Gas, Inc. c/w Turbine Powered Technology, LLC v. GE Oil & Gas, 2018-CC-01706 (La. 11/03/21) [2 pp.]
From LSCR Volume 29, Issue 11
The district court denied defendant's exception of res judicata, but the Third Circuit reversed
in an unpublished order. In a brief per curiam with no factual detail, t... view full summary |
| 36. | Exceptional circumstances warranted relief from res judicata.
Jared Guidry v. State Farm Mutual Automobile Insurance Co., 2021-C-00808 (La. 11/10/21) [3 pp.]
From LSCR Volume 29, Issue 11
The parties here were involved in a prior suit that was dismissed on defendant's exception
of no cause of action. Plaintiffs then filed this suit alleging defendant bre... view full summary |
| 37. | Case remanded for court of appeal to consider res judicata issue as to all defendants.
Cynthia Morales v. Alonzo Wilder, 2021-C-00890 (La. 11/17/2021) [2 pp.]
From LSCR Volume 29, Issue 11
In August 2018 plaintiff filed suit in the 21st Judicial District Court, Parish of Livingston,
seeking damages stemming from alleged inadequate medi... view full summary |
| 38. | Court remands for consideration of issues court of appeal declined to address.
Christian Schools, Inc. d/b/a John Curtis Christian School v. Louisiana High School Athletic Association, 2021-C-00686 (La. 10/05/2021) [2 pp.]
From LSCR Volume 29, Issue 10
Plaintiff sued the Louisiana High School Athletic Association (LHSAA), LHSAA executive
director Eddie Bonine, and LHSAA employee Buster John Guzzardo, Jr., al... view full summary |
| 39. | Court rules panhandler's challenge to Lafayette ordinance is moot, vacates ruling of unconstitutionality.
Anthony W. Willis v. Mark T. Garber, 2021-KD-00634 (La. 10/12/2021) [4 pp.]
From LSCR Volume 29, Issue 10
Plaintiff was arrested and charged with criminal mischief for violating Lafayette
Consolidated Ordinance Section 62-32(a)(7) as a result of panhandlin... view full summary |
| 40. | Issues of material fact precluded summary judgment in breach of contract case.
Bianchini-Frey, LLC v. Fred Charles Frey, IV, Ph.D., 2021-CC-00724 (La. 10/12/2021) [2 pp.]
From LSCR Volume 29, Issue 10
The parties in this case were psychologists and former business partners. Plaintiffs,
Bianchini-Frey, LLC and Keven Bianchini, Ph.D., alleged that de... view full summary |
| 41. | Court of appeal erred in ruling on existence of duty when summary judgment was inappropriate.
Morgan City Land and Fur Company, LLC v. Tennessee Gas Pipeline Co., LLC, 2021-C-00704 (La. 10/12/2021) [2 pp.]
From LSCR Volume 29, Issue 10
This dispute concerns four right-of-way agreements for the dredging of canals and the
construction and operation of pipelines on the east bank of ... view full summary |
| 42. | District court did not abuse its discretion in vacating partial summary judgment that was not final.
J. Benjamin Zapata v. Stephen Wayne Seal, 2020-CC-01148 (La. 09/30/2021) [16 pp.]
From LSCR Volume 29, Issue 9
This case arose from an automobile accident in which Benjamin Zapata was rear-ended by
Stephen Wayne Seal, who was driving a vehicle owned by Diversified Well ... view full summary |
| 43. | District court properly denied motion for cost bond filed after answer.
Brenda Bergeron v. Donald Richardson, M.D., 2020-CC-01409 (La. 06/30/2021) [13 pp.]
From LSCR Volume 29, Issue 7
Plaintiff, individually and on behalf of her husband, filed a medical malpractice action against
Donald Richardson, M.D., and Paul Hubbell, III, M.D. The medical review... view full summary |
| 44. | Court orders in camera inspection of discovery responses.
Bryant George, M.D. v. Christus Health Southwestern La., 2021-CC-00883 (La. 07/02/2021) [2 pp.]
From LSCR Volume 29, Issue 7
In this contract dispute between a neurosurgeon and St. Patrick Hospital in Lake Charles, the
district court ordered defendants to respond to plaintiffs' discovery requ... view full summary |
| 45. | Issues of material fact precluded summary judgment.
David Stephens v. Lawrence Pickett, 2021-CC-01004 (La. 07/26/2021) [2 pp.]
From LSCR Volume 29, Issue 7
Defendants moved for partial summary judgment, which was denied by the district court.
The Second Circuit reversed in an unpublished decree.... view full summary |
| 46. | Suit by Iberville Parish against East Baton Rouge Parish should proceed in Iberville Parish.
Iberville Parish v. City of Baton Rouge, 2021-CC-00694 (La. 06/08/2021) [2 pp.]
From LSCR Volume 29, Issue 6
Iberville Parish filed suit against the City of Baton Rouge/Parish of East Baton Rouge alleging
that Baton Rouge had created flooding issues in Iberville Parish. Baton ... view full summary |
| 47. | Court reinstates district court's grant of motions to quash depositions and for protective order.
Gustave J. Labarre, Jr. v. Occidental Chemical Company, 2021-CC-00760 (La. 06/10/2021) [2 pp.]
From LSCR Volume 29, Issue 6
National Union Fire Insurance Company of Pittsburgh, PA and AIG Specialty Insurance
Company issued deposition subpoenas to PriceWaterHouseCoopers Advisory Se... view full summary |
| 48. | Answer by one defendant did not interrupt abandonment period as to unserved defendant.
Sheila Williams v. Angela Montgomery, 2020-C-01120 (La. 05/13/2021) [16 pp.]
From LSCR Volume 29, Issue 5
Plaintiff alleged she was injured in a fall on May 3, 2013, at a trailer she rented from Angela
Montgomery. Plaintiff filed suit on May 2, 2014, against Montgo... view full summary |
| 49. | Dismissed suit against state defendants did not interrupt prescription on second suit filed before dismissal.
Albert Davis v. State through LA Racing Commission, 2020-CC-01020 (La. 05/13/2021) [12 pp.]
From LSCR Volume 29, Issue 5
In 2017 plaintiff filed suit against the Louisiana State Racing Commission, state veterinarian
Edward Todd, state employee Jocko Fontenot, and other individuals. ... view full summary |
| 50. | Facsimile filing voided for failure to deliver original within seven days.
Danieka Petit-Blanc v. Quanisha R. Charles, 2021-CC-00094 (La. 04/20/2021) [5 pp.]
From LSCR Volume 29, Issue 4
Plaintiff was involved in an automobile accident on November 18, 2018. On November 13,
2019, she filed a petition with the clerk of court of Terrebonne Parish by fa... view full summary |
| 51. | Defendants entitled to dismissal of action after court sustained exception of no cause of action.
Jeff Mercer, LLC v. State, 2020-CC-01386 (La. 03/09/2021) [3 pp.]
From LSCR Volume 29, Issue 3
The district court sustained defendants' peremptory exception of no cause of action but
declined to dismiss plaintiff's action against them. The Cou... view full summary |
| 52. | 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 |
| 53. | 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 |
| 54. | Court reinstates dismissal of tort claim against sheriff.
Shawn Morgan v. West Baton Rouge Parish Sheriff's Dept., 2020-C-00999 (La. 12/22/2020) [2 pp.]
From LSCR Volume 28, Issue 12
Plaintiff filed this suit in September 2013 against the West Baton Rouge Parish Sheriff's
Department (WBRPSD), Eric Morales, the City of Port Allen... view full summary |
| 55. | Suit to enjoin political ads was mooted by election.
Linda Kocher v. Truth in Politics, 2020-C-01153 (La. 12/22/2020) [3 pp.]
From LSCR Volume 28, Issue 12
Three days before the gubernatorial election in 2019, plaintiff filed this action to enjoin
defendants from running allegedly false campaign ads under La. ... view full summary |
| 56. | Default judgment against defendant was improper.
Precept Credit Opportunities Fund, LP v. Terina Walker, 2020-CC-00818 (La. 11/18/2020) [4 pp.]
From LSCR Volume 28, Issue 11
Plaintiff sought confirmation of its tax sale title and ownership of defendant's home. Defendant was served with the petition in December 2018. The next mont... view full summary |
| 57. | Law firm was not entitled to dismissal of suit by former client on exception of no cause of action.
Dodson & Hooks, APLC v. The Louisiana Community Development Capital Fund, Inc. "CAPFUND," 2020-C-01002 (La. 11/24/2020) [3 pp.]
From LSCR Volume 28, Issue 11
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 fe... view full summary |
| 58. | Medical records subject to privilege should be examined in camera before production.
Gary C. Bertrand v. Glenn J. Patrick, 2020-CC-0687 c/w 2020-CC-0689 (La. 09/29/2020) [2 pp.]
From LSCR Volume 28, Issue 10
In this automobile accident case, plaintiffs sought the production of defendant Glenn
Patrick's medical records from Acadian Ambulance Company. Patrick objec... view full summary |
| 59. | Court reverses recusal because motion was untimely.
Colby Girard v. Coca-Cola Bottling Company, 2020-CC-1060 (La. 10/06/2020) [2 pp.]
From LSCR Volume 28, Issue 10
The Court granted a supervisory writ and, in this very brief per curiam, reversed a judgment
recusing Judge Marilyn Castle of the 15th Judicial District Court. The moti... view full summary |
| 60. | District court did not abuse discretion in excluding witness listed in pre-trial order by dismissed defendant.
Robert Tassin v. State Farm Mutual Automobile Ins. Co., 2020-C-00652 (La. 10/14/2020) [6 pp.]
From LSCR Volume 28, Issue 10
Plaintiff filed suit against Raymond Hebert and his insurer alleging personal injury damages
from a car accident caused by Hebert's failure to yield at a traffic signal... view full summary |
| 61. | Summary judgment was inappropriate in auto accident case where two disputed versions of the facts were presented.
Lydia Amos v. K-Jon, Inc., 2020-CC-0750 (La. 10/20/2020) [3 pp.]
From LSCR Volume 28, Issue 10
In this auto accident case, plaintiff moved for partial summary judgment on the ground that
she was free from fault. The district court granted the motion. The Third Ci... view full summary |
| 62. | Plaintiffs' attempts to fax file petition interrupted prescription.
Chad Richoux v. Terrebonne Parish Government, 2019-CC-0847 (La. 09/23/2020) [2 pp.]
From LSCR Volume 28, Issue 9
Defendants filed an exception of prescription, arguing that plaintiffs' facsimile filing of their
petition was untimely. The district court denied the exception. The Fi... view full summary |
| 63. | Court issues Hurricane Laura emergency orders suspending prescription, peremption, and abandonment periods for thirty days.
Order of the Supreme Court of Louisiana (La. 08/28/2020) [1 p.]
From LSCR Volume 28, Issue 8
In light of the state of emergency declared by Governor Edwards as a result of Hurricane
Laura, the Court issued an order suspending statewide all periods of prescripti... view full summary |
| 64. | District court's post-appeal certification of judgment as final cured defects in appellate jurisdiction.
In re: Interdiction of Eunice Lirette Gambino, 2020-OC-00312 (La. 06/03/2020) [3 pp.]
From LSCR Volume 28, Issue 6
In these proceedings plaintiffs sought to interdict both of their parents, terminate their
parents' community property regime, and nullify donations to their s... view full summary |
| 65. | Court applied expired Louisiana prescriptive period to claim by Texas resident arising from Texas car accident.
Lettie Caruso v. Rodney Wooten, 2020-CC-0327 (La. 06/03/2020) [5 pp.]
From LSCR Volume 28, Issue 6
Plaintiff, a Texas resident, was involved in a car accident with defendant, a Louisiana
resident, in Texas in March 2017. In February 2019 plaintiff fil... view full summary |
| 66. | Court orders district court to follow procedure for revealing identity of a non-party patient.
Earnest Dean Bryant v. Naomi Heights Nursing and Rehabilitation Center, L.L.C., 2020-CC-0474 (La. 06/03/2020) [2 pp.]
From LSCR Volume 28, Issue 6
Plaintiff sought to compel defendant to produce the identity of a non-party patient, and the
district court denied plaintiff's motion to compel. The Court granted a sup... view full summary |
| 67. | Defendant was entitled to intervene on appeal despite his earlier dismissal by the district court.
Jeff Landry v. Sara Duplechain, 2019-C-1909 (La. 04/27/2020) [2 pp.]
From LSCR Volume 28, Issue 5
On January 8, 2018, the Vermilion Parish School Board held a meeting to discuss and renew
the contract of superintendent Jerome Puyau. Based on a citizen's complaint, L... view full summary |
| 68. | Court dismisses defendant for lack of personal jurisdiction.
Isabella R. Chevalier v. Joseph L. Charles, 2020-CC-0223 (La. 04/27/2020) [3 pp.]
From LSCR Volume 28, Issue 5
Plaintiffs filed suit in the 16th JDC, Parish of St. Martin, and included as a defendant
Bayerische Motoren Werke AG, which filed a declinatory exception... view full summary |
| 69. | Defendant was entitled to suppress the fruits of warrantless search of his house.
State v. Kari Shisler, 2020-KK-00146 (La. 05/01/2020) [11 pp.]
From LSCR Volume 28, Issue 5
Gretna Police Department Detective Brad Cheramie, also a member of the multi-
jurisdictional Major Crimes Task Force, received information from an in... view full summary |
| 70. | Clerk of court could not effectively shorten prescriptive period by turning off fax machine at close of office hours.
Jacob Stevenson v. Progressive Security Insurance Co., 2019-C-00637 (La. 04/03/2020)[16 pp.]
From LSCR Volume 28, Issue 4
Plaintiffs alleged they were injured in a car accident on December 13, 2016. On December
13, 2017, their counsel attempted to fax file a petition for damages with the T... view full summary |
| 71. | 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 |
| 72. | 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 |
| 73. | Contempt statute authorized award of attorney fees only to prevailing party who proved contempt.
Luv N' Care, Ltd. v. Jackel International Limited, 2019-C-0749 (La. 01/29/2020) [12 pp.]
From LSCR Volume 28, Issue 2 Plaintiff, a Louisiana corporation, sued defendant, a corporation established under the laws
of England and Wales, and related entities... view full summary |
| 74. | Court reverses summary judgment because plaintiffs were not afforded adequate opportunity to depose witness.
Deselle Milton-Gustain v. The Salvage Store, Inc., 2019-C-01854 (La. 02/10/2020) [3 pp.]
From LSCR Volume 28, Issue 2 Plaintiffs sued defendant as a result of a slip-and-fall at defendant's store. Plaintiffs
contended that a store employee was stocking ... view full summary |
| 75. | Versions of pleading filed by facsimile and by hand were identical for purposes of statute, despite different signature forms.
Jason Meadows v. Christy Adams, 2019-OC-1724 (La. 01/22/2020) [3 pp.]
From LSCR Volume 28, Issue 1
In this domestic matter, the district court dismissed plaintiff's claims with prejudice on May
8, 2018. The notice of judgment was mailed on May 9, and plaintiff filed ... view full summary |
| 76. | Writ application filed within 30 days of written judgment was timely.
Global Marketing Solutions, LLC v. Blue Mill Farms, Inc., 2019-CC-1402 (La. 01/28/2020) [7 pp.]
From LSCR Volume 28, Issue 1
The First Circuit declined to consider a writ application as untimely. The Court granted a
supervisory writ and vacated that ruling. The application had been file... view full summary |
| 77. | Service of defendants was step in litigation and precluded abandonment.
Charles R. Talen, II v. Rhino Rhencovators, LLC, 2019-C-01748 (La. 01/28/2020) [2 pp.]
From LSCR Volume 28, Issue 1
On January 6, 2014, plaintiff filed a petition for damages against defendants, alleging defects
in the home that they had build and sold to him. In February 2014 defend... view full summary |
| 78. | Court grants exception of lis pendens in suit involving Louisiana AG.
Dwayne G. Alexander v. Jeff Landry, 2019-CC-1358 (La. 11/05/19) [1 p.]
From LSCR Volume 27, Issue 11
This matter involves two lawsuits between Louisiana Attorney General Jeff Landry and
Dwayne Alexander, who contended he was owed money by Landry for campaign... view full summary |
| 79. | Notices of appeal of Civil Service Commission decision were sufficient.
Terrance Saulny v. New Orleans Police Department, 2019-C-01366 (La. 11/12/19) [1 p.]
From LSCR Volume 27, Issue 11
The New Orleans Police Department (NOPD) terminated Officer Terrance Saulny after a
2014 incident in which he was alleged to have engaged in behavior tha... view full summary |
| 80. | Plaintiff's claims against banking and accounting entities survived exception of no cause of action.
Agrifund, LLC v. Radar Ridge Planting Co., Inc., 2019-C-1528 (La. 11/25/19) [2 pp.]
From LSCR Volume 27, Issue 11
This case was brought by a lender against a farming entity that allegedly failed to repay
agricultural loans. Plaintiff's original and first amende... view full summary |
| 81. | Application for rehearing on denial of supervisory writ to court of appeal didn't extend time to apply for writ to Louisiana Supreme Court.
Vicki D. Johns Blanchard v. Rayford James Blanchard, 2019-CC-0784 (La. 09/17/19) [1 p.]
From LSCR Volume 27, Issue 9
This case concerned the delays to file an application for supervisory writs. After an adverse
ruling in the district court, plaintiff sought supervisory writs from the ... view full summary |
| 82. | Court reverses grant of new trial although jurors discussed case prior to deliberations.
Terry Gotch v. Scooby's ASAP Towing LLC, 2019-C-0030 (La. 06/26/19) [15 pp.]
From LSCR Volume 27, Issue 6 Plaintiff was a passenger in a car driven by Alydia Menard when Ms. Menard swerved to avoid a vehicle that Joseph Derousselle was backin... view full summary |
| 83. | Party seeking to compel arbitration could make use of Louisiana attachment statute.
Stemcor USA Inc. v. CIA Siderurgica Do Para Casipar, 2018-CQ-1728 (La. 05/08/2019) [19 pp.]
From LSCR Volume 27, Issue 5
This case involved a dispute between two creditors of America Metals Trading, L.L.P. (AMT). The creditors were Daewoo International Corp. and Thyssenkrupp Mannex GM... view full summary |
| 84. | District court didn't abuse discretion in denying suspensive appeal to LSU in claim by expelled dental students.
Jennifer Thien v. Board of Supervisors of Louisiana State University, 2019-CC-0429 (La. 05/20/2019) [3 pp.]
From LSCR Volume 27, Issue 5
Plaintiffs were LSU dental school students who had been expelled on allegations of cheating. They filed suit alleging violation of their due process rights. The district ... view full summary |
| 85. | Court vacates judgment on agreement between district attorney and public defender for lack of justiciable controversy.
In re Cooperative Endeavor Agreement, 2018-C-1644 (La. 04/15/2019) [3 pp.]
From LSCR Volume 27, Issue 4
The District Attorney and Public Defender for the 42nd JDC, Parish of DeSoto, entered into a
cooperative endeavor agreement to allocate some fees from the district attorne... view full summary |
| 86. | Prisoner's personal injury suit was properly dismissed for failure to exhaust administrative remedies.
Korey Bossier v. Mark Garber, 2019-C-0146 (La. 04/15/2019) [2 pp.]
From LSCR Volume 27, Issue 4
Plaintiff filed suit against the Sheriff of Lafayette Parish and others alleging he was injured
when he slipped and fell in his jail cell in 2015 while inca... view full summary |
| 87. | Civil District Court without authority to adjudge actions of Criminal District Court.
Samuel Barker v. Judge Karen Herman, 2018-CC-1725 (La. 04/22/2019) [1 p.]
From LSCR Volume 27, Issue 4
Plaintiff filed suit in the Civil District Court for the Parish of Orleans against a judge of the
Criminal District Court for the Parish of Orleans and others. Defendants ... view full summary |
| 88. | Plaintiffs' allegations of fraud against individual defendants survived exception of no cause of action.
Tracy Vince v. Metro Rediscount Company, Inc., 2018-C-2056 (La. 02/15/19) [4 pp.]
From LSCR Volume 27, Issue 2
Southland Express, LLC entered into an agreement with Metro Rediscount Company, Inc. regarding the sale of certain Southland receivables. Plaintiffs, indi... view full summary |
| 89. | Court orders court of appeal to construe appeal broadly.
Carl Edgefield v. Audubon Nature Institute, Inc., 2018-CC-1782 (La. 01/18/19) [2 pp.]
From LSCR Volume 27, Issue 1
Plaintiff alleged that he slipped and fell while delivering seafood to the Audubon Golf Course
Clubhouse Restaurant, injuring his back. He sued Audubon Nature Institute... view full summary |
| 90. | Court remands to court of appeal for consideration of prior opinion regarding venue.
Lou Babineaux v. Board of Supervisors for the University of Louisiana System, 2018-CC-1663 (La. 01/08/19) [1 p.]
From LSCR Volume 27, Issue 1
In this one-sentence per curiam, the Court granted a supervisory writ and remanded to the
First Circuit for briefing, argument, and full opinion. The Court noted that the ... view full summary |
| 91. | Genuine issues of material fact precluded summary judgment.
Jody Gaspard v. Marvin Hutson, 2018-CC-1424 (La. 12/03/18) [1 p.]
From LSCR Volume 26, Issue 12
Helena Chemical Company filed a motion for summary judgment, which the district court
denied. The First Circuit granted a supervisory writ and reversed. Without provi... view full summary |
| 92. | Court reinstates appeal after court of appeal dismissal on technicality.
Earnest Williams v. North Oaks Medical Center, 2018-C-1386 (La. 12/17/18) [2 pp.]
From LSCR Volume 26, Issue 12
The district court entered judgment dismissing plaintiff's claims and also denied a motion
for new trial. When plaintiff appealed the dismissal of his claims, he inadverte... view full summary |
| 93. | Court reverses court of appeal's deduction of attorney's fees previously paid by client.
Board of Supervisors of Louisiana State University v. Southern Electronics, Inc., 2018-C-1129 (La. 10/29/18) [2 pp.]
From LSCR Volume 26, Issue 10
The district court's judgment in this expropriation case included an award of $2,177,500 in
attorney's fees to defendant, Southern Electronics, Inc. On appeal, the Fourth ... view full summary |
| 94. | Court vacates discovery order requiring defendants to provide a specific interrogatory answer that would have been false.
Deon Danna v. The Ritz-Carlton Hotel Co., LLC, 2018-CC-0331 (La. 04/20/18) [2 pp.]
From LSCR Volume 26, Issue 4
This case arose from plaintiff's termination as Director of Engineering at the Ritz Carlton
Hotel in New Orleans. More than three years after filing his origina... view full summary |
| 95. | Court appoints judge ad hoc on motion to recuse district court judges.
KT Farm Partnership v. Citizens Progressive Bank, 2017-OC-1443 (La. 11/13/17) [3 pp.]
From LSCR Volume 25, Issue 11
This Winnsboro suit involves a group of farmers suing area banks for approximately $5
million, alleging breach of a crop loan agreement. Plaintiffs filed a... view full summary |
| 96. | Appeal was timely based on date notice was served by sheriff.
Chauvin v. Shell Oil Company, 2017-OC-43 (La. 03/31/17) [3 pp.]
From LSCR Volume 25, Issue 4
Plaintiffs filed suit alleging trespass and illegal construction of pipelines on their St. Charles
Parish property. The district court granted motions for summary judgment... view full summary |
| 97. | Petition for nullity did not exceed jury trial threshold of $50,000.
Michelle Domingue v. Imperial Management Corp. d/b/a Imperial Fire & Casualty Company, 2016-CC-2108 (La. 02/17/17) [2 pp.]
From LSCR Volume 25, Issue 2
Plaintiffs filed a petition to annul a prior judgment in an action that they had filed against
defendant. Defendant asserted a right to a jury trial on the petition for nu... view full summary |
| 98. | Joint motion to dissolve TRO did not preclude award of attorney's fees for improper issuance.
Uletom Hewitt v. Lafayette City-Parish Consolidated Government, 2016-C-0629 (La. 05/27/16) [7 pp.]
From LSCR Volume 24, Issue 6 Plaintiff was suspended and then terminated from his position as an officer with the Lafayette Parish
Police Department. He appealed t... view full summary |
| 99. | Summary judgment declaring parish ordinance unconstitutional was vacated for lack of notice to attorney general.
Michael Mudge v. Plaquemines Parish Council, 2016-CA-0587 (La. 04/22/16) [2 pp.]
From LSCR Volume 24, Issue 4 NOLA Oil Terminal applied to the Plaquemines Parish Department of Permits for a permit to build
an oil storage terminal. Despite oppos... view full summary |
| 100. | District court could not declare statute unconstitutional at hearing on preliminary injunction.
Janice Herbert Barber v. Louisiana Workforce Commission, 2015-CA-1700 (La. 10/09/15) [2 pp.]
From LSCR Volume 23, Issue 10 Plaintiffs challenged certain provisions of the medical treatment schedule contained in Louisiana's
Workers' Compensation Act, seeking... view full summary |
| 101. | Lis pendens prevented plaintiffs from pursuing claims presented in pending class actions from which they had not opted out.
Thelma Aisola v. Louisiana Citizens Property Ins. Corp., 2014-CC-1708 (La. 10/14/15) [10 pp.]
From LSCR Volume 23, Issue 10 Plaintiffs were residents and homeowners in St. Bernard Parish whose properties were insured by
defendant when Hurricane Katrina struc... view full summary |
| 102. | Plaintiffs challenging camera ticket hearing procedure not entitled to permanent injunction on summary judgment because they failed to follow summary judgment procedure.
Lee Rand v. City of New Orleans, 2014-CA-2506 (La. 06/30/15) [8 pp.]
From LSCR Volume 23, Issue 7 In 2007 the City of New Orleans enacted a group of ordinances that created the Automated Traffic
Enforcement System (ATES), including ... view full summary |
| 103. | Amount of settlement with dismissed defendants not counted in valuation of amount in dispute for jurisdictional purposes in city court.
Holly Swayze v. State Farm Mutual Automobile Ins. Co., 2014-C-1899 (La. 06/30/15) [17 pp.]
From LSCR Volume 23, Issue 7 Plaintiff sustained neck and back injuries when she was involved in an auto accident with Brittany
Miles. Plaintiff sued Miles and her... view full summary |
| 104. | Demand for class action dismissed for failure to meet ninety-day deadline to move for class certification.
Michael Riley v. Robin Keegan, 2015-CC-1388 (La. 07/22/15) [1 p.]
From LSCR Volume 23, Issue 7 Plaintiffs filed this purported class action but did not move to certify the class until two hundred and
sixty days after service ... view full summary |
| 105. | Derivative action should be filed in parish of proper venue as to corporation.
Joseph A. Kunstler v. LTSKC, Inc., 15-CC-0914 (La. 06/05/15) [1 p.]
From LSCR Volume 23, Issue 6 In this derivative action, defendants filed, inter alia, exceptions of improper venue, objecting to the
case having been brought in Ea... view full summary |
| 106. | Suspensive appeal applied to time period granted by district court for homeowners to comply with building ordinance.
Davenport v. City of Alexandria, 2015-C-0454 (La. 06/30/15) [3 pp.]
From LSCR Volume 23, Issue 6 Plaintiffs, who owned a home in Alexandria, made an addition to their carport in 1980 before the
enactment of the current City of Alex... view full summary |
| 107. | Plaintiffs acted in bad faith in naming their UM carrier as defendant to defeat proper venue.
Julie Foret Huval v. Wilton Joseph Chaisson, 2015-CC-0865 (La. 06/30/15) [1 p.]
From LSCR Volume 23, Issue 6 Plaintiffs filed suit as a result of an automobile accident and included their underinsured/uninsured
motorist (UM) carrier as a defen... view full summary |
| 108. | Error in granting ex parte motion to strike answer without hearing, resulting in default judgment in excess of $1 million, was not harmless.
Citadel Builders, LLC v. Dirt Worx of Louisiana, LLC, 2014-C-2700 (La. 05/01/15) [9 pp.]
From LSCR Volume 23, Issue 5 Plaintiff sued defendant for breach of contract on a construction project. After defendant was served
with the citation and petition, ... view full summary |
| 109. | Class action was appropriate vehicle for resolution of claims by insured patients against healthcare provider under Balance Billing Act.
Prentiss Baker v. PHC-Minden, L.P., 2014-C-2243 (La. 05/05/15) [26 pp.]
From LSCR Volume 23, Issue 5 Plaintiffs filed this class action proceeding alleging defendant, d/b/a Minden Medical Center,
engaged in unlawful billi... view full summary |
| 110. | Defendants not entitled to summary judgment on issue of whether asset transfers were made for the purpose of avoiding liability to plaintiff.
Marla Whittington v. Hospice Care Services of Louisiana, LLC, 2014-C-2613 (La. 04/17/15) [1 p.]
From LSCR Volume 23, Issue 4 In 2007, plaintiff filed a claim against her employer, Hospice Care Services of Louisiana, LLC,
alleging she was fired because she had... view full summary |
| 111. | Discovery must be served on all parties to constitute step in prosecution of case to avoid abandonment.
Bryon Guillory v. Pelican Real Estate, 2014-C-1539 (La. 03/17/15) [6 pp.]
From LSCR Volume 23, Issue 3 In 2008, plaintiffs filed suit arising from their purchase of a home. They named several defendants,
including the home's sellers; thr... view full summary |
| 112. | Allegations of alleged father of child in wrongful death and survival actions were sufficient to put defendants on notice that filiation was an issue.
Marcus Miller v. Harold Thibaux, 2014-C-1107 (La. 01/28/15) [19 pp.]
From LSCR Volume 23, Issue 2 In March 2011, as six-year-old La'Derion Miller was attempting to board a school bus, his arm was
trapped in the school bus door, and ... view full summary |
| 113. | Ancillary venue doctrine made venue proper in East Baton Rouge Parish for claims under Jeansonne Act and LUTPA.
State v. Lynn Foret, M.D., 2014-C-2097 (La. 01/16/15) [2 pp.]
From LSCR Volume 23, Issue 1 The State brought suit against defendant in East Baton Rouge Parish based on the Sledge Jeansonne
Louisiana Insurance Fraud Prevention... view full summary |
| 114. | Res judicata barred award of exemplary damages for plaintiff in hazardous exposure case based on jury determination in earlier litigation.
John Oleszkowicz v. Exxon Mobil Corporation, 2014-C-0256 (La. 12/09/14) [7 pp.]
From LSCR Volume 22, Issue 12 In 2002, plaintiff was among a group that filed suit against Exxon in Lester v. Exxon Mobil Corp.
seeking personal injury damages alleg... view full summary |
| 115. | Res judicata barred plaintiff's claim for punitive damages in hazardous exposure case based on settlement of prior litigation.
Dwayne Chauvin v. Exxon Mobil Corporation, 2014-CC-0808 (La. 12/09/14) [16 pp.]
From LSCR Volume 22, Issue 12 As in the case above, plaintiff was among those who filed suit in the cumulated action Lester v.
Exxon Mobil Corp. In Lester, plaintiff... view full summary |
| 116. | State agency was immune from suit for unjust enrichment, despite statutory language that it had power to sue and be sued.
Canal/Claiborne, Limited v. Stonehedge Development, LLC, 2014-C-0664 (La. 12/09/14) [29 pp.]
From LSCR Volume 22, Issue 12 Plaintiff was the owner of property located at 1661 Canal Street in New Orleans. In 1995, it entered
into a lease of the property ... view full summary |
| 117. | Plaintiff could have judgment modified in his favor although he had not answered defendant's appeal.
Corey Lamartiniere v. Boise Cascade Corporation, 2014-C-1195 (La. 10/24/14) [3 pp.]
From LSCR Volume 22, Issue 11 In this workers' compensation case, plaintiff sued defendant after defendant discontinued all benefits
on the grounds that plaintiff h... view full summary |
| 118. | Class action resulting from post-Katrina termination of Orleans Parish School Board employees dismissed based on res judicata and lack of due process violations.
Eddy Oliver v. Orleans Parish School Board, 2014-C-0329 c/w 2014-C-0330 (La. 10/31/14) [50 pp.]
From LSCR Volume 22, Issue 11 In August 2005, Hurricane Katrina struck the Gulf Coast, displacing hundreds of thousands of New
Orleans residents and causing all of ... view full summary |
| 119. | Suspension of prescription under La. Civ. Proc. art. 596 applied despite removal of purported class action to federal court.
Tenesha Smith v. Transport Services Company of Illinois, 2013-CC-2788 (La. 07/01/14) [17 pp.]
From LSCR Volume 22, Issue 7 On August 7, 2002, a truck driver parked a tanker truck outside of his parents' home in New Orleans
as he ate dinner. The truck contai... view full summary |
| 120. | Plaintiff could assert redhibition claim despite inconsistent allegations in claim for indemnification.
Easy Way Homes Corp. v. Craig D. Vezinat, 2014-CC-0240 (La. 04/17/14) [1 p.]
From LSCR Volume 22, Issue 4 In these consolidated cases plaintiff asserted a claim for redhibition and a claim for indemnification,
denying the existence of a red... view full summary |
| 121. | Attorney general should have been afforded opportunity to participate in suit challenging constitutionality of statute.
Deanne Williams v. Monroe City School Board, 2013-CA-2602 (La. 01/10/14) [4 pp.]
From LSCR Volume 22, Issue 1 Plaintiff challenged the constitutionality of R.S. Sections 17:443(B)(1) and (2), regarding the removal of
tenured teachers. Accordi... view full summary |
| 122. | Third party defendant could not object to venue despite forum selection clause purporting to mandate jurisdiction in Texas.
Benjamin G. Fidelak v. Holmes European Motors, LLC, 2013-C-0691 (La. 12/10/13) [12 pp.]
From LSCR Volume 21, Issue 12 Plaintiffs filed a petition for damages in Caddo Parish against Foreign & Classic Auto Centre, Inc.,
an independent shop in Shreve... view full summary |
| 123. | New Home Warrant Act's five-year peremptive period applied to plaintiff's claim for failed wall system.
Barbara Shaw v. Acadian Builders, 2013-C-0397 (La. 12/10/13) [15 pp.]
From LSCR Volume 21, Issue 12 In September 2005, defendant sold a two-story, 3700 square foot home that it had built in Pelican
Point subdivision in Ascension Paris... view full summary |
| 124. | Audiotape impeachment evidence and impeachment witness need not be produced until after deposition of witness targeted for impeachment.
Melissa O'Dwyer v. Our Lady of the Lake Nurse Anesthesia Program, 2013-CC-0703 (La. 05/17/13) [7 pp.]
From LSCR Volume 21, Issue 5 Plaintiffs, nursing students, filed suit alleging defendants targeted them for termination from the
nursing program through harassm... view full summary |
| 125. | Purported class action arising out of video voyeurism at fitness center did not meet numerosity requirement.
Jane Doe v. Southern Gyms, LLC, 2012-C-1566 c/w 1572 c/w 1580 (La. 03/19/13) [20 pp.]
From LSCR Volume 21, Issue 3 In 2010, an investigation revealed that an assistant manager and trainer at a fitness center in Baton
Rouge secretly had videotaped wo... view full summary |
| 126. | Request for re-service of petition could not revive dismissed suit.
Lela Johnson v. University Medical Center of Lafayette, 2013-C-0040 (La. 03/15/13) [3 pp.]
From LSCR Volume 21, Issue 3 In March 2006, plaintiff filed a petition naming certain entities of the State as defendants. They
moved to dismiss the petition becau... view full summary |
| 127. | Request for service was made by fax within ninety days, despite payment of filing fee after ninety days.
Brenda Morales v. State through Board of Supervisors of LSU through Earl K. Long Medical Center, 2012-C-2301 (La. 01/11/13) [2 pp.]
From LSCR Volume 21, Issue 1 When the State is named as a defendant in a suit, La. R.S. Section 13:5107(D) requires that service be
requested within ninety days of... view full summary |
| 128. | Pro se plaintiff's case abandoned despite lack of knowledge of rule and informal settlement negotiations.
Food Perfect, Inc., Barreca's Restaurant v. United Fire and Casualty Co., 2012-CC-2492 (La. 01/18/13) [3 pp.]
From LSCR Volume 21, Issue 1 The last activity on the record in this case was on June 4, 2008. After that time, the pro se plaintiff
met with defendant's represent... view full summary |
| 129. | Exception of liberative prescription could not be supplied by court of appeal, even though acquisitive prescription had been pled.
Succession of Bernard F. Samuel, Sr. c/w Barbara Samuel Bretz v. Barry N. Samuel, 2012-C-1707 (La. 12/14/12) [2 pp.]
From LSCR Volume 20, Issue 12
In this brief opinion, the Court concluded that the Fourth Circuit committed reversible legal error
by supplying, sua sponte, an o... view full summary |
| 130. | Suit dismissed for abandonment.
Michael A. Murray v. Michael A. Brown, 2012-CC-2149 (La. 12/14/12) [1 p.]
From LSCR Volume 20, Issue 12 In this brief opinion, the Court granted a supervisory writ, reversed the judgments of the lower courts,
and dismissed plaintiff's s... view full summary |
| 131. | Filiation requirements applied to wrongful death and survival actions; plaintiff pled sufficient facts to state avowal action.
Fidel Udomeh v. Sandra Joseph, 2011-C-2839 (La. 10/26/12) [25 pp.]
From LSCR Volume 20, Issue 11 Plaintiff alleges that he and defendant were the biological parents of S.U., a minor child born in
1997. Although plaintiff and de... view full summary |
| 132. | Putative class member who files individual claim before ruling on class certification is entitled to suspension of prescription; individual claim does not amount to "opt-out" of class action.
Helen Duckworth v. Louisiana Farm Bureau Mutual Insurance Company c/w Tony Smith v. Louisiana Farm Bureau Mutual Insurance Company, 2011-C-2835 (La. 11/02/12) [30 pp.]
From LSCR Volume 20, Issue 11 Plaintiffs were owners of immovable property insured through homeowner's policies issued by
defendant when Hurricane Katrin... view full summary |
| 133. | Putative class member who files individual claim after ruling on class certification is entitled to suspension of prescription; but no suspension occurs when class action is filed in federal court.
David Quinn v. Louisiana Citizens Property Insurance Corp., 2012-CC-0152 (La. 11/02/12) [23 pp.]
From LSCR Volume 20, Issue 11 After their property was damaged by Hurricanes Katrina and Rita, plaintiffs filed suit against their
homeowner's insurer in the 24th J... view full summary |
| 134. | City could waive jury trial prohibition after suit was filed.
Daisy Lucero Marcile v. Neal Dauzat, 2011-CC-1509 (La. 10/16/12) [14 pp.]
From LSCR Volume 20, Issue 10 Neal Dauzat, a City of Marksville employee, was backing a fire department vehicle into the fire
station when he struck a vehicle opera... view full summary |
| 135. | Dismissal under F.R.C.P. 41 is voluntary; dismissed suit does not interrupt prescription on second suit filed before or after dismissal.
JoAnn Sims v. The American Insurance Company, 2012-C-0204 (La. 10/16/12) [14 pp.]
From LSCR Volume 20, Issue 10 JoAnn and John Sims filed suit in state court in 2008 against Dow Chemical Company, its executive
officers, and several insurers, alle... view full summary |
| 136. | Judges' minimal personal interest in class action did not warrant recusal.
Jennifer Winkle v. The Relay Administration Board, 2012-CC-0944 (La. 06/29/12) [3 pp.]
From LSCR Volume 20, Issue 7 Plaintiffs filed a class action in the 19th JDC on behalf of "[a]ll Louisiana residents and businesses
who paid one or more $1.11 tele... view full summary |
| 137. | Writ of mandamus inappropriate in action to cancel disputed mortgages.
Aberta, Inc. v. Dale Atkins, 2012-C-0061 (La. 05/25/12) [4 pp.]
From LSCR Volume 20, Issue 6 On August 26, 2003, Aberta, Inc. bought property located in Orleans Parish. Aberta's shares were
owned by Scott Wolfe. The same day, A... view full summary |
| 138. | No cause of action in suit to annul arbitration judgment in fee dispute.
Jay Napolitano v. Steven Gill, 2012-CC-0206 (La. 05/04/12) [3 pp.]
From LSCR Volume 20, Issue 5 In this dispute between two attorneys over fees, an arbitrator awarded plaintiff fifty percent of the
fees. Plaintiff moved to confirm... view full summary |
| 139. | Plaintiff's domicile determined when forum non conveniens motion is filed.
Jane Doe v. Southern Gyms, LLC d/b/a Anytime Fitness, 2012-CC-0448 c/w 2012-CC-0449 c/w 2012-CC- 0455 (La. 05/04/12) [ 2 pp.]
From LSCR Volume 20, Issue 5 Relying on forum non conveniens, defendants moved to transfer this case from Evangeline Parish
to East Baton Rouge Parish. The distric... view full summary |
| 140. | Execution of judgment was proper, even considering plaintiffs' stipulation.
Geraldine Oubre v. Louisiana Citizens Fair Plan, 2011-C-0097, 2012-OC-0642 (La. 04/09/12) [2 pp.]
From LSCR Volume 20, Issue 4 On December 16, 2011, the Court reinstated the judgment of the district court against Louisiana
Citizens Property Insurance Company (L... view full summary |
| 141. | Jones Act suit dismissed under forum non conveniens.
George Osborn v. Ergon Marine & Industrial Supply, Inc., 2012-CC-0183 (La. 04/13/12) [2 pp.]
From LSCR Volume 20, Issue 4 In this Jones Act suit, plaintiff alleged he was injured while working on a vessel owned by defendant
and located in Mississippi t... view full summary |
| 142. | Court of appeal should have referred bond forfeiture case to five-judge panel.
State v. Generio Allen, 2011-K-2843 (La. 04/13/12) [3 pp.]
From LSCR Volume 20, Issue 4 In this criminal matter, the district court set aside two bond forfeiture judgments in favor of the State.
A three-judge panel of the ... view full summary |
| 143. | Class certification reversed in chemical spill case.
Kieta Alexander v. Norfolk Southern Corporation, 2011-C-2793 (La. 03/09/12) [6 pp.]
From LSCR Volume 20, Issue 3 In 2001 ethyl acrylic fumes leaked from valves on two railroad cars that had been parked in Orleans
Parish for less than an hour while... view full summary |
| 144. | Court revisits issue of service on state entity.
John J. Hunter v. Louisiana State University Agricultural & Mechanical College, 2011-C-2841 (La. 03/09/12) [2 pp.]
From LSCR Volume 20, Issue 3 Plaintiff allegedly was injured while visiting University Hospital in New Orleans when a guardrail
on an entrance ramp collapsed. ... view full summary |
| 145. | No abuse of discretion where district court excluded report from automobile's "black box."
Emile David Laborde, II v. Shelter Mutual Insurance Company, 2012-CC-0074 (La. 03/09/12) [1 p.]
From LSCR Volume 20, Issue 3 In this automobile accident case, an event data recorder or "black box" had been installed in the
vehicle by the manufacturer. Such a ... view full summary |
| 146. | Act of correction could be used to correct erroneous cancellation of mortgage in public records.
First National Bank, USA v. DDS Construction, LLC, 2011-C-1418 (La. 01/24/12) [29 pp.]
From LSCR Volume 20, Issue 1In January 2006, DDS Construction, Inc. granted First National Bank a Construction Mortgage over
individual lots in Homewood Place subdivision, which DDS was developing in Reserve. The Construction ... view full summary |
| 147. | Commencement of peremptive periods for legal malpractice cannot be suspended by continuous representation rule.
Laurie Jenkins v. Larry G. Starns, 2011-C-1170 (La. 01/24/12) [32 pp.]
From LSCR Volume 20, Issue 1In this case, plaintiff sued defendant, her former attorney, for malpractice. A contractor had agreed
to construct a metal building for plaintiff. After the building was completed, issues arose rega... view full summary |
| 148. | Scheduling a Rule 10.1 discovery conference is a "step" sufficient to prevent abandonment.
The Louisiana Department of Transportation and Development v. Oilfield Heavy Haulers, L.L.C., 2011- C-0912 (La. 12/06/11) [17 pp.]
From LSCR Volume 19, Issue 12In August 2006, the DOTD filed suit against defendants for property damage to two overpasses of
the I-10 in Acadia Parish. It alleged a vehicle owned by Oilfield Heavy Haulers (Haulers) was carrying... view full summary |
| 149. | Unconfirmed arbitration award not entitled to res judicata effect.
Interdiction of Harold Otis Wright, No. 2010-CC-1826 (La. 10/25/11) [15 pp.]
From LSCR Volume 19, Issue 10In 1973, Harold Otis Wright was incapacitated by a medical accident. In 1981, he received damages
of approximately $1.7 million. In 1982, the 21st JDC declared him an interdict and issued an order t... view full summary |
| 150. | Summary judgment justified where plaintiff failed to comply with art. 966(B).
Rebecca Sims v. Tonya Hawkins-Sheppard, M.D., 2011-C-0678 (La. 07/01/11) [7 pp.]
From LSCR Volume 19, Issue 7In 2007, plaintiff filed a complaint against defendant with the Louisiana Patients Compensation Fund
alleging that defendant committed medical malpractice during the delivery of plaintiff's child. T... view full summary |
| 151. | Court clarifies confusing rules regarding service of process on State.
Regina Marie Whitley v. State, 2011-CC-0040 (07/01/11) [21 pp.]
From LSCR Volume 19, Issue 7Plaintiff brought this medical malpractice action alleging that she received negligent treatment at
Louisiana State University Health Services Center -- Medical Center of Louisiana at Ne... view full summary |
| 152. | More clarification regarding service on State.
Shawn Burnett v. James Construction Group, 2010-CC-2608 (La. 07/01/11) [7 pp.]
From LSCR Volume 19, Issue 7To recover damages as a result of an automobile accident, plaintiff sued various entities, including
the State of Louisiana, Department of Transportation and Development (DOTD). He requested service... view full summary |
| 153. | Application dismissed without prejudice in matter involving bankruptcy.
Tony Noto v. Kentwood Autoplaza, LLC, 07-CC-2221 (La. 06/17/11) [3 pp.]
From LSCR Volume 19, Issue 6The district court denied plaintiff's motion for preliminary default against defendants,
DaimlerChrysler Corporation and DaimlerChrysler Motors Corporation. After plaintiff filed an appli... view full summary |
| 154. | Lack of majority opinion from court of appeal resulted in remand for en banc review.
Joe Oliver v. Magnolia Clinic, 2010-C-2766 c/w 2010-C-2782 c/w 2010-C-2785 (La. 03/25/11) [1 p.]
From LSCR Volume 19, Issue 4 The Court issued a very brief order indicating a decree issued by the Third Circuit in this case did
not reflect a majority judgment o... view full summary |
| 155. | Failure to serve defendant within ninety days resulted in dismissal.
George Igbinoghene v. St. Paul Travelers Ins. Co., 2011-CC-0124 (La. 04/01/11) [2 pp.]
From LSCR Volume 19, Issue 4 La. Code of Civ. Proc. art. 1201(C) requires that service be requested within ninety days of the filing
of a petition. Plaintiffs ... view full summary |
| 156. | No appellate jurisdiction: constitutional issue not essential to appealed judgment.
Daisy Lucero Marcile v. Neal Dauzat, 2011- CA-0099 (03/04/11) [2 pp.]
From LSCR Volume 19, Issue 3 Plaintiffs sued Neal Dauzat and the City of Marksville. Although La. R.S. Section 13:5105(A) generally
prohibits jury trials in ca... view full summary |
| 157. | Plaintiffs' membership in putative class action suspends prescriptive period to bring Katrina claims.
Sherry Coleman Taranto v. Louisiana Citizens Property Insurance Corporation, 2010-C-0105 (La. 03/15/11) [46 pp.]
From LSCR Volume 19, Issue 3 Plaintiffs' home was destroyed in August 2005 as a result of Hurricane Katrina. In response to
Hurricanes Katrina and R... view full summary |
| 158. | Timeliness of intervention governed by Civ. Proc. art. 1067, not 1153.
Kevin Stenson v. City of Oberlin, 2010-C-0826 (La. 03/15/11) [16 pp.]
From LSCR Volume 19, Issue 3 This case involves claims by a number of residents of the City of Oberlin for property damage and
personal injury caused by sewerage o... view full summary |
| 159. | Plaintiffs waived objection to venue ruling by not seeking supervisory writ; district court mishandled peremption issue.
John E. Land, III v. Dennis J. Vidrine, 2010-C-1342 (La. 03/15/11) [12 pp.]
From LSCR Volume 19, Issue 3 John and Stella Land died in March 2007. They were residents of East Baton Rouge Parish (EBR)
and had five children. Plaintiffs are th... view full summary |
| 160. | Service of process not required in cause of action for wrongful conviction.
Gerald Burge v. State, 2010-C-2229 (La. 02/11/11) [6 pp.]
From LSCR Volume 19, Issue 2 In 1986 plaintiff was convicted of the murder of Douglas Frierson in the 22nd Judicial District Court
for the Parish of St. Tammany an... view full summary |
| 161. | No such thing as exception of no cause of action based on prematurity.
Daniel Moreno v. Entergy Corporation, 2010-C-2268 c/w 2010-C-2281 (La. 02/18/11) [5 pp.]
From LSCR Volume 19, Issue 2 Plaintiff was injured while working near an overhead power line in Jefferson Parish. He sued
numerous defendants, includ... view full summary |
| 162. | Plaintiff asserted sufficient facts in petition to annul judgment.
Succession of Harrell v. Erris-Omega Plantation, 2010-C-2059 (La. 12/17/10) [1 p.]
From LSCR Volume 18, Issue 12On April 20, 2009, the district court rendered judgment against plaintiff. Plaintiff then filed a petition
to annul the judgment, which the district court denied. The Third Circuit affirmed. The Cou... view full summary |
| 163. | City court had jurisdiction where plaintiffs expressly limited their damages to jurisdictional maximum.
Audrey Thompson v. State Farm Mutual Automobile Insurance Co., 2010-C-1244 (La. 11/19/10) [5 pp.]
From LSCR Volume 18, Issue 11 Audrey Thompson was injured in a multi-car accident caused by Chad Harp. She sued Harp and his
insurer, State Farm. Harp's State Farm ... view full summary |
| 164. | Proper venue for "Road Home" litigation was East Baton Rouge.
Jake Impastato v. State of Louisiana, 2010-CC-1998 (La. 11/19/10) [2 pp.]
From LSCR Volume 18, Issue 11 These consolidated cases are suits between property owners, their attorneys, and the State concerning
the allocation of settlement and... view full summary |
| 165. | Forum non conveniens can be considered prior to improper venue exception.
Latisha Holland v. Lincoln General Hospital, 2010-CC-0038 c/w 1029-CC-0047 (La. 10/19/10) [13 pp.]
From LSCR Volume 18, Issue 10 Mar'Kirney Holland was born prematurely in November 1999. She and plaintiff, her mother, resided
in Lincoln Parish. Mar'Kirney suffere... view full summary |
| 166. | District Court improperly granted declaratory relief at hearing on preliminary injunction.
Farmer's Seafood Company, Inc. v. State of Louisiana through the Department of Public Safety 2010- CA-1534 (La. 09/03/10) [3 pp.]
From LSCR Volume 18, Issue 9Plaintiffs, Farmer's Seafood Company, Inc., Alex S. Mijalis, John Cosse, and Johnny Mijalis, filed
a petition for injunctive relief, naming the State as a defendant. The petition sought... view full summary |
| 167. | Direct Action Statute prohibits reference to venue exceptions in Code of Civil Procedure articles 71-85.
Joseph C. Trascher v. Northrop Grumman Ship Systems, Inc., 2010-CC-1287 (La. 09/17/10) [4 pp.]
From LSCR Volume 18, Issue 9Plaintiffs filed suit in Orleans Parish against several defendants based on alleged asbestos exposure
to their decedent during his employment at Avondale Shipyards in Jefferson Parish. Commercial Un... view full summary |
| 168. | District court did not abuse its discretion in excluding untimely affidavit opposing summary judgment.
Richard J. Guillory, Sr. v. Dr. Michael Chapman, 2010-C-1370 (La. 09/24/10) [1 p.]
From LSCR Volume 18, Issue 9In this medical malpractice action, defendants filed a motion for summary judgment, which was set
for hearing. The hearing was reset for 1 month later upon request of plaintiff's counsel, who had a ... view full summary |
| 169. | Constitutionality of statute could not be raised in supporting memorandum.
Daisy Lucero Marcile v. Neal Dauzat, 2010-CA-1822 (La. 09/24/10) [2 pp.]
From LSCR Volume 18, Issue 9Plaintiffs sued Neal Dauzat and the City of Marksville. Although La. R.S. Section 13:5105(A) generally
prohibits jury trials in cases brought against political subdivisions, Section 13:510... view full summary |
| 170. | Plaintiff could not benefit from reversal of defendant's dismissal.
Zaidra Ardith Grimes v. Louisiana Medical Mutual Ins. Co., 2010-C-0039 (La. 05/28/10) [3 pp.]
From LSCR Volume 18, Issue 6 Zaidra Grimes delivered a baby at Woman's Hospital under the care of Dr. Karen Solar, an obstetrician/gynecologist. The baby, Zavian Walker, suffered a brachial plexus injury during the delivery.Grim... view full summary |
| 171. | Tax sale declared invalid for lack of notice to property owners.
Douglas A. Tietjen v. The City of Shreveport, 2009-C-2116 (La. 05/11/10) [10 pp.]
From LSCR Volume 18, Issue 5 In 1985 Douglas and Dwight Tietjen purchased the property at 1017 Jordan Street in Shreveport. Tietjen Physical Therapy, Inc. operated at that location. In 1999, the Tietjens executeda collateral mor... view full summary |
| 172. | Res judicata barred relitigation of issue regarding plaintiff's termination.
Ulysses Williams v. The Orleans Levee District, 2009-C-2637 (La. 04/05/10) [2 pp.]
From LSCR Volume 18, Issue 4 In an earlier appeal of a Civil Service Commission (CSC) proceeding, the First Circuit had determined that plaintiff was lawfully terminated for insubordination, and the Court denied writs. Duringthe... view full summary |
| 173. | Summary judgment hearing should not have been continued to allow late-filed affidavit to be timely.
Yvonne Newsome v. Homer Memorial Hospital, 2010-CC-0564 (La. 04/09/10) [3 pp]
From LSCR Volume 18, Issue 4. In this medical malpractice case, defendants treated plaintiff in December 2004. Plaintiff filed a request for a medical review panel in December 2005, a year after the alleged malpractice. A chairp... view full summary |
| 174. | Concursus proceeding properly invoked in dispute involving royaltypayments under mineral lease.
Cimarex Energy Co. v. Katherine D. Mauboules, 2009-C-1170 c/w 1180 & 1194 (La. 04/09/10) [34 pp.]
From LSCR Volume 18, Issue 4 This case arises out of a dispute involving royalty payments due under a mineral lease. Members of the Mauboules family own a tract of land in Vermillion Parish. In 1997, they sold certain royalty in... view full summary |
| 175. | Writ application filed within 30 days of written judgment was timely.
Global Marketing Solutions, LLC v. Blue Mill Farms, Inc., 2019-CC-1402 (La. 01/28/2020) [7 pp.]
From LSCR Volume 18, Issue 1
The First Circuit declined to consider a writ application as untimely. The Court granted a
supervisory writ and vacated that ruling. The application had been file... view full summary |
| 176. | Service of defendants was step in litigation and precluded abandonment.
Charles R. Talen, II v. Rhino Rhencovators, LLC, 2019-C-01748 (La. 01/28/2020) [2 pp.]
From LSCR Volume 18, Issue 1
On January 6, 2014, plaintiff filed a petition for damages against defendants, alleging defects
in the home that they had build and sold to him. In February 2014 defend... view full summary |
| 177. | Writ application filed within 30 days of written judgment was timely.
Global Marketing Solutions, LLC v. Blue Mill Farms, Inc., 2019-CC-1402 (La. 01/28/2020) [7 pp.]
From LSCR Volume 18, Issue 1
The First Circuit declined to consider a writ application as untimely. The Court granted a
supervisory writ and vacated that ruling. The application had been file... view full summary |
| 178. | Service of defendants was step in litigation and precluded abandonment.
Charles R. Talen, II v. Rhino Rhencovators, LLC, 2019-C-01748 (La. 01/28/2020) [2 pp.]
From LSCR Volume 18, Issue 1
On January 6, 2014, plaintiff filed a petition for damages against defendants, alleging defects
in the home that they had build and sold to him. In February 2014 defend... view full summary |
| 179. | Payment by insurer of med-pay to plaintiff does not acknowledge tort claim and interrupt prescription.
Robert Titus, II v. IHOP Restaurant, 2009-CC-0951 (La. 12/01/09) [9 pp.]
From LSCR Volume 17, Issue 12
On April 13, 2007, plaintiff Robert Titus slipped and fell in an IHOP Restaurant in Lafayette
Parish, Louisiana. Shortly after the accident, IHOP's insurer, Republic Fire and Casualty (Republic) p... view full summary |
| 180. | Hospital service district must be sued in the parish of its domicile; overruling recent precedent.
Susan Black v. St. Tammany Parish Hospital, 2008-CC-2670 (La. 11/06/09) [14 pp.]
From LSCR Volume 17, Issue 12 Plaintiff Susan Black, a former medical clinic employee, filed a whistle blower action in Washington Parish, where her cause of action alleg... view full summary |
| 181. | After sustaining exception of prescription, lower courts erred in failing to allow plaintiffs to amend the petition.
Wyman v. Dupepe Construction, 2009-C-0817 (La. 12/01/09) [2 pp.]
From LSCR Volume 17, Issue 12 This is the second suit by plaintiffs (Wyman II) involving the same occurrence as their previous suit (Wyman I). This case was dismissed by ... view full summary |
| 182. | Action for remediation of land under Mineral Code does not require notice and opportunity to cure.
Broussard v. Hilcorp Energy Co., 09- C-0449 (La. 10/20/09)
[]
From LSCR Volume 17, Issue 11 Plaintiffs granted mineral, surface, and subsurface leases to various corporate entities to conduct oil and gas operations upon land in Verm... view full summary |
| 183. | Nonresident driving on La. roads has not "appointed an agent for service of process," for venue purposes.
Green v. Auto Club Group Insurance Company, 2008-CC-2868 (La.10/28/09) [9 pp.]
From LSCR Volume 17, Issue 11 On December 13, 2006, Michael Green (Green) filed suit in Orleans Parish, the parish of his domicile, against defendants Mary Plangger (Plan... view full summary |
| 184. | Suit challenging the state's ministerial or administrative action must be brought in East Baton Rouge.
Leblanc v. Thomas, 08-CC-2869 (La. 10/20/09) [12 pp.]
From LSCR Volume 17, Issue 11 Plaintiffs filed this class action suit in the Parish of Orleans against several defendants who allegedly closed the state hospital in New O... view full summary |
| 185. | When computing a filing deadline backward from a date, weekends or holidays roll the deadline forward.
Becnel v. Northrop Grumman Ship Systems, 09-CC-1318 (La. 10/9/2009) []
From LSCR Volume 17, Issue 10 In this civil action, defendants filed a motion to exclude testimony of plaintiff's expert witness pursuant to Daubert v. Merrell Dow Pharma... view full summary |
| 186. | Writ application dismissed as untimely; relator could not produce a certified postal receipt.
Darden v. Daniel, 09-CC-1097 (La. 09/04/2009) [2 pp.]
From LSCR Volume 17, Issue 9 The court of appeal denied plaintiffs' writ application on April 14, 2009. Pursuant to Supreme Court Rule X, S5(a), the last day for plainti... view full summary |
| 187. | District court erred in converting suspensive appeal to devolutive; writ granted.
Orrill v. La. Citizens Prop. Ins. Corp., 09-CC-1896 (La. 09/18/2009) [2 pp.]
From LSCR Volume 17, Issue 9 Relators Bruce Scharwarth and Daryl Robert seek review of a judgment of the district court which converted their suspensive appeal to a devo... view full summary |
| 188. | Supplemental petition to correct the party plaintiff cannot "relate back," and avoid peremption.
Benny Naghi v. Lisa Brener, 2008-CC-2527 (La. 06/26/09) [15 pp.]
From LSCR Volume 17, Issue 7 Plaintiffs Benny and Ephraim Naghi had engaged attorney Lisa Brener to represent them in a claim for damages which arose on October 26, 2005... view full summary |
| 189. | Unconditional tender by insurer acknowledged obligation, interrupted prescription.
Demma v. Auto. Club Inter-Insurance Exchange, 08-C-2810 (La. 6/26/09) [18 pp.]
From LSCR Volume 17, Issue 7 On May 3, 2005, Marco Demma, III (Demma) was operating a vehicle that was insured by a policy issued by Automobile Club Inter-Insurance Exch... view full summary |
| 190. | District court erred in invoking crime-fraud exception to attorney- client privilege; supervisory writ granted.
Craig Stevens Arabie, v. CITGO Petroleum, 09-CC-0569 (La. 5/15/09) [2 pp.]
From LSCR Volume 17, Issue 6 Plaintiffs filed this suit against, inter alia, CITGO Petroleum Corp. (CITGO) based on a release of hazardous materials from a CITGO waste w... view full summary |
| 191. | Defendant still indigent even if his mother is "voluntarily underemployed."
State in the Interest of C.J., 2008-CK-2346 (La. 5/22/09) [2 pp.]
From LSCR Volume 17, Issue 6 Writ granted. Although a trial court may reassess a determination of indigency at any time, in the present case the juvenile court abused it... view full summary |
| 192. | Default judgment requires introduction of the insurance policy into evidence.
Arsenio Arias v. Stolthaven New Orleans, 2008-C-1111 (La. 5/5/09) [17 pp.]
From LSCR Volume 17, Issue 5 Arsenio Arias and his wife filed this suit alleging that Mr. Arias, in the course and scope of his employment with Certified Coating, Inc., ... view full summary |
| 193. | Court of appeal has no jurisdiction over Procurement Code appeal.
The Willows v. State, DHHR, 2008-OC-2357 (La. 5/5/09) [12 pp.]
From LSCR Volume 17, Issue 5 This is an administrative appeal of a lease dispute between the Louisiana Department of Health and Human Resources (DHHR) and The Willows, a... view full summary |
| 194. | Insured's legal right against insurer for excess judgment not subject to seizure.
Karen King v. Illinois National Insurance Company, 2008-C-1491 (La. 03/04/09) [24 pp.]
From LSCR Volume 17, Issue 4 Plaintiff Karen King sustained personal injuries when the vehicle in which she was a guest passenger was struck by one driven by Annessa The... view full summary |
| 195. | Request for service of process must be received by clerk within 90 days.
Tranchant v. State of Louisiana, 2008-C-978 (La. 1/21/09) [13 pp.]
From LSCR Volume 17, Issue 2 On August 3, 2006, plaintiffs filed a petition for damages arising out of alleged medical malpractice, and named as defendant, inter alia, t... view full summary |
| 196. | Indemnity claim asserted 3 years after petition is served is not prescribed.
Frances Orlando v. E.T.I., 2007-C-1433 (La.12/12/08) [15 pp.]
From LSCR Volume 17, Issue 1 On June 6, 2001, Exceptional Temporaries, Inc. (ETI) contracted with the City of New Orleans Aviation Board (NOAB) to provide sound-deadenin... view full summary |
| 197. | Post-judgment "motion to fix interest" during appeal is prohibited.
Denton v. Vidrine, 2008-C-0483 (La.12/12/08) [11 pp.]
From LSCR Volume 17, Issue 1 Plaintiff Denton filed suit for personal injuries sustained in an automobile accident, and named as defendants the other driver (Vidrine), t... view full summary |
| 198. | Parish has no right to a bench trial in claims filed by the parish itself.
Randy Fontenot v. Patterson Insurance, 2008-C-0414 (La. 12/12/08) [16 pp.]
From LSCR Volume 17, Issue 1 A vehicular collision between a police car, being operated by Lafayette City-Parish Consolidated Government (LCG) police officer Randy Fonte... view full summary |
| 199. | Plaintiff may be added to MMA wrongful death action after the running of prescription.
Warren v. Louisiana Medical Mutual Ins. Co., 2007-CC-0492 (La. 12/2/08) [38 pp.]
From LSCR Volume 16, Issue 12 Plaintiffs' decedent Terry Warren died on October 13, 2000 from congestive heart failure. Pamela Warren, Terry's widow, and Theresa Warren, ... view full summary |
| 200. | Late writ application should have been considered by the court of appeal.
State v. Kathryn Goppelt, 08-OK-0576 (La. 10/31/08) [3 pp.]
From LSCR Volume 16, Issue 11 Relator, Kathryn Goppelt, seeks relief from the court of appeal's order denying as "not considered" her application to review her conviction... view full summary |
| 201. | Damages for frivolous appeal not available on writ application.
Zachary Financial v. Darjean, 2008-CC-1673 (La. 10/10/2008) [1 p.]
From LSCR Volume 16, Issue 10 "WRIT GRANTED. Although La. C.C.P. art. 2164 authorizes an award of damages for frivolous appeals, it does not authorize damages for a frivo... view full summary |
| 202. | Error for district court to issue declaratory relief after hearing on preliminary injunction.
Herman, Herman, Katz & Cotlar v. State of Louisiana 08-CA-1337 (La. 9/19/08) [3 pp.]
From LSCR Volume 16, Issue 10 Plaintiffs, three law firms and two practicing attorneys in Orleans Parish, filed the instant "Petition for Declaratory Judgment and Permane... view full summary |
| 203. | Prior oil royalty litigation not res judicata in dispute over a different tract.
Chevron U.S.A. v. State of Louisiana, 07-C-2469 (La. 9/8/08) [35 pp.]
From LSCR Volume 16, Issue 9 This concursus and declaratory judgment action was filed by Chevron USA, which sought to determine which of two defendants, the Plaquemines ... view full summary |
| 204. | Native American tribe validly waived sovereign immunity.
Meyer & Associates v. Coushatta Tribe of Louisiana, 2007-CC-2256 (La. 09/23/08) [30 pp.]
From LSCR Volume 16, Issue 9 Beginning in December, 2001, the Coushatta Tribe of Louisiana ("Tribe") and Meyer & Associates ("Meyer") entered into various agreements for... view full summary |
| 205. | De novo review not applicable on appeal from damages verdict of zero.
Marcus Ryan v. Zurich American Ins. Co., 07-C-2312 (La. 7/1/08) [19 pp.]
From LSCR Volume 16, Issue 7 Plaintiff Marcus Ryan was injured when his vehicle was struck from behind by an 18-wheeler. After 10 weeks of chiropractic treatment, Ryan w... view full summary |
| 206. | Offer of judgment construed.
Joseph Sher v. Lafayette Ins. Co., 07-C-2441 c/w 07-C-2443 (La. 7/7/08) (on rehearing) [3 pp.]
From LSCR Volume 16, Issue 7 The Court granted a rehearing for the sole purpose of reconsidering plaintiff's claim for court costs pursuant to La. Code Civ. P. art. 970.... view full summary |
| 207. | Judgment holding statute unconstitutional must be based upon legal ground that was pled by the parties.
State v. Ray Hatton, 07-KA-2377 (La. 7/1/08) [20 pp.]
From LSCR Volume 16, Issue 7 Defendant Hatton was charged by a bill of information with two counts of "Computer-Aided Solicitation for Sexual Purposes" in violation of L... view full summary |
| 208. | Error not to allow discovery before sustaining exception.
Bridges v. Hertz Equipment Rental, 08-C-0400 (La. 6/20/08) [4 pp.]
From LSCR Volume 16, Issue 6 The Louisiana Department of Revenue filed this suit to collect sales and use taxes from the taxpayer, Hertz Equipment Rental Corp. ("HERC").... view full summary |
| 209. | Application for rehearing in court of appeal does not extend deadline for applying for supervisory writ.
K.A.E.M. v. J.M.C.,08-CJ-1171 (La. 6/20/08) [2 pp.]
From LSCR Volume 16, Issue 6 Relator applied in the court of appeal for a supervisory writ, which was denied on March 5, 2008. Relator applied in the court of appeal for... view full summary |
| 210. | Unconstitutionality of a statute must be raised in a pleading; appeal dismissed.
Stacy Michael Meaux v. Lucille Galtier, 07-CA-2474 (La. 1/25/2008) [2 pp.]
From LSCR Volume 16, Issue 2 Defendants moved for direct appeal pursuant to La. Const. art. V, S 5(D), on the ground that the district court declared La. Civ. Code art. ... view full summary |
| 211. | Court does not have direct supervisory jurisdiction over state agency subpoenas.
In re: John Rombach, 07-O-2457 (La. 2/1/08) [2 pp.]
From LSCR Volume 16, Issue 2 Relators are Louisiana legislators who were issued subpoenas by the Louisiana Board of Ethics. Relators applied for supervisory relief pursu... view full summary |
| 212. | Family courts have exclusive jurisdiction of dating violence cases.
Welborn v. 19th Judicial District Court, 07-C-1087 c/w 07-C-1202 (La. 1/16/08) [18 pp.]
From LSCR Volume 16, Issue 1 Plaintiff Doug Welborn is the Clerk of Court of the 19th Judicial District Court. Pursuant to his statutory duties, the clerk was randomly a... view full summary |
| 213. | Service requested on state defendants through incorrect agent is invalid; case dismissed.
Johnson v. University Medical Center in Lafayette, 07-CC-1683 (La. 11/21/07]
From LSCR Volume 15, Issue 11 Defendants seeks review of the denial of their motion to dismiss. On March 15, 2006, plaintiff filed the instant petition for damages agains... view full summary |
| 214. | Katrina prescription statutes apply, and not contra non valentem.
Hunter Harris v. Elizabeth Stogner, 07-CC-1451 (La. 11/9/07) [3 pp]
From LSCR Volume 15, Issue 11 On October 14, 2002, plaintiff, Hunter Harris, filed the instant suit against defendants, who filed their answer on December 20, 2002. There... view full summary |
| 215. | Portions of court of appeal's opinion that are dissented from are not part of the judgment.
State v. Walder, 07-K-0198 (La. 10/5/07) [1 p.]
From LSCR Volume 15, Issue 10 Defendant pled guilty to 123 counts of aggravated cruelty to animals, in violation of La.R.S. S 14:102.1. Shortly after the seizure of the a... view full summary |
| 216. | Case remanded to district court to allow party to plead unconstitutionality of a statute.
M.J. Farms v. Exxon Mobil, 07-CA-0450 (La. 4/27/07) [2 pp.]
From LSCR Volume 15, Issue 5 Appellants the State of Louisiana and Exxon Mobil Corporation applied for a direct appeal pursuant to La. Const. art. V, S 5(D), on the grou... view full summary |
| 217. | Case remanded to district court to allow party to plead unconstitutionality of a statute.
M.J. Farms v. Exxon Mobil, 07-CA-0450 (La. 4/27/07) [2 pp.]
From LSCR Volume 15, Issue 4 Appellants the State of Louisiana and Exxon Mobil Corporation applied for a direct appeal pursuant to La. Const. art. V, S 5(D), on the grou... view full summary |
| 218. | Withholding of defective product in discovery not "fraud or ill practice."
Wright v. Louisiana Power & Light, 06-C-1181 (La. 3/9/07) [28 pp.]
From LSCR Volume 15, Issue 4 Plaintiff's decedent was killed in a single-car accident in his 1982 Mercedes convertible in 1988. Plaintiff sold the 1982 Mercedes to a Ste... view full summary |
| 219. | Louisiana courts have in personam jurisdiction over director of foreign corporation.
Southeast Wireless Network v. U.S. Telemetry Corporation, 06-C-1736 (La. 4/11/07]
From LSCR Volume 15, Issue 4 Plaintiffs are Louisiana investors in defendant U.S. Telemetry Corporation ("USTC"). USTC had a plan to develop equipment to transfer data u... view full summary |
| 220. | Court of appeal erred in rendering decision after settlement by parties.
Council of the City of New Orleans v. Sewerage & Water Board, 06-C-1989 (La. 4/11/07) [6 pp.]
From LSCR Volume 15, Issue 4 The Council of the City of New Orleans ("Council") filed suit against, inter alia, the Sewerage and Water Board of New Orleans ("SWB") seeki... view full summary |
| 221. | Surveillance video not strictly impeachment evidence and must be produced.
Bell v. Treasure Chest Casino, 06-CC-1538 (La. 2/22/07]
From LSCR Volume 15, Issue 3 Plaintiff Bell was allegedly injured when struck in the back with a pushcart operated by Juanita Morgan, an employee of defendant Treasure C... view full summary |
| 222. | Batson/Edmonson objections in civil jury trials construed; resolving a split in the circuits.
Harold Alex, Jr. v. Rayne Concrete Service, 05-C-1457 c/w 05-C-2344 (La. 1/26/07) [44 pp.]
From LSCR Volume 15, Issue 2 Harold Alex, Jr. ("Alex") brought suit against Rayne Concrete Service ("Rayne Concrete") and its insurer, alleging a work-related injury to ... view full summary |
| 223. | Every ground for unconstitutionality must be briefed, and not simply pled, in the district court.
Arrington v. Galen-Med, Inc., 06-C-2923 (La. 2/2/07) [4 pp.]
From LSCR Volume 15, Issue 2 Taylor v. Clement, 06-C-2518 (La. 2/2/07) [5 pp.] In the Arrington matter, plaintiffs filed the instant suit against, inter alia, Lake Area ... view full summary |
| 224. | Discussion of unconstitutionality in reasons for judgment is not a declaration of unconstitutionality.
Carmena v. East Baton Rouge Sheriff's Office, 06-CA-2680 (La. 2/2/07) [2 pp.]
From LSCR Volume 15, Issue 2 Defendant in this civil case excepted on the ground of prescription, arguing, inter alia, that certain executive orders of the governor (KBB... view full summary |
| 225. | Venue against state agency is normally in East Baton Rouge.
Colvin v. Louisiana Patient's Compensation Fund Oversight Board, 2006-C-1104 (La. 1/17/07) [ 22 pp.]
From LSCR Volume 15, Issue 1 Plaintiffs in these consolidated cases reside in Bossier Parish, and suffered damages as a result of medical malpractice that occurred in Bo... view full summary |
| 226. | Recordation of judgment against political subdivision is without effect.
Holly & Smith Architects, Inc. v. St. Helena Congregate Facility, Inc.,
06-C-0582 [11/29/06]
From LSCR Volume 14, Issue 12 Plaintiff Holly & Smith Architects, Inc. ("Holly & Smith") obtained three judgments against defendant St. Helena Parish Hospital Service Dis... view full summary |
| 227. | Erroneously admitted evidence does not require de novo appellate review.
John Lam v. State Farm Mut. Auto. Ins. Co., 05-C-1139 (La. 11/29/06) []
From LSCR Volume 14, Issue 12 Plaintiffs filed this suit to recover personal injuries suffered by their son in an automobile accident. Plaintiff Hue Lam was driving a Nis... view full summary |
| 228. | Motion to recuse not untimely, even though filed after reasons for judgment.
Radcliffe 10 v. Zip Tube Systems of La., 2006-CC- 0128 (La. 11/3/06) [10 pp.]
From LSCR Volume 14, Issue 11 Plaintiff Radcliffe 10 filed suit against several defendants, including Zip Tube. The lawsuit was randomly allotted to Judge Knight of the 2... view full summary |
| 229. | Prescription for revocatory action not dependent upon recordation of notarial act; resolving a split in the circuits.
London Towne Condominium Homeowner's v. London Towne, 06-CC-0401 (La. 10/17/06) [11 pp.]
From LSCR Volume 14, Issue 11 In August, 2001, the London Towne Homeowner's Association ("Association") filed suit against London Towne Condominiums ("LTC") to collect am... view full summary |
| 230. | Confirmation of default without notice constitutes ill practice.
Power Marketing Direct v. Chris Foster, 2005-C- 2023 (La. 9/6/06) [23 pp.]
From LSCR Volume 14, Issue 9 Defendant Foster signed a licensing contract in 2001 with Power Marketing ("PM"), granting Foster the exclusive right to sell PM's furniture... view full summary |
| 231. | Court of appeal erred in ordering respondent to submit additional evidence.
B.W.S., Jr. v. Livingston Parish School Board, 06-CC-1981 (La. 8/16/06) [4 pp.]
From LSCR Volume 14, Issue 9 In November, 2005, M.T.S., then an eighth grade student at a Livingston Parish junior high school, was expelled from school for 12 months. I... view full summary |
| 232. | Without proving standing, default declaratory judgment is erroneous.
In Re: Joseph Melancon, 05-CA-1702 (La. 7/10/06) [11 pp.]
From LSCR Volume 14, Issue 8 Plaintiff Melancon alleged in his petition that he had filed a worker's compensation claim, and that his employer, PCS, had filed an action ... view full summary |
| 233. | Family Court subject-matter jurisdiction and venue construed.
Spinosa v. Spinosa, 05-C-1935 (La. 7/6/06) [24 pp.]
From LSCR Volume 14, Issue 7 This complex opinion construes the jurisdiction of the East Baton Rouge Family Court. Mr. and Mrs. Spinosa were married in 1980 and establis... view full summary |
| 234. | Judgment on claims against severed defendants not a final judgment.
Strother v. Continental Casualty Company, 06-C-0302 (La. 6/2/06) [4 pp.]
From LSCR Volume 14, Issue 6 Plaintiffs filed suit against multiple defendants, including Continental Casualty Insurance Company and its insureds ("the Continental defen... view full summary |
| 235. | Blanket order sealing the record is overbroad.
Copeland v. Copeland, 06-CC-1023 (La. 6/2/06) [2 pp.]
From LSCR Volume 14, Issue 6 In these divorce and child custody proceedings, the parties filed a joint motion to seal the record. The district court treated the joint mo... view full summary |
| 236. | New trial ex proprio motu was proper, in district court's discretion.
Horton v. Mayeaux, 05-CC-1704 (La. 5/30/06) [16 pp.]
From LSCR Volume 14, Issue 6 Plaintiff Horton filed suit against Mayeaux for personal injuries arising out of a four-car collision. Following jury selection and opening ... view full summary |
| 237. | Federal civil procedure for discovery of trade secrets adopted.
In re: The Texas Matter of the Marriage of Kuntz,06-C-0487 (5/26/06) [1p.]
From LSCR Volume 14, Issue 6 "Writ granted. The judgments of the trial court and the court of appeal are reversed. ... Once a party establishes the information sought is... view full summary |
| 238. | Physician-patient privileged records discoverable on showing of need.
Moss v. State , DOTD, 05-CC-1963 (La. 4/4/06) [25 pp.]
From LSCR Volume 14, Issue 5 Plaintiff's decedent was killed in a head-on collision with a vehicle operated by Juanita Smith. Plaintiffs filed suit against the State of ... view full summary |
| 239. | Late-filed affidavits may not be considered on motion for summary judgment.
Buggage v. Volks Elevators, 06-C-0175 (La. 5/5/06) [2 pp.]
From LSCR Volume 14, Issue 5 "Writ granted. The ruling of the court of appeal is reversed. The trial court's ruling granting the motion for summary judgment filed by [de... view full summary |
| 240. | Notice of tax sale must be given to all co-owners, or the sale is void.
Gabriel Lewis, Jr. v. Succession of Matthew Johnson, 05-C-1192 (La. 4/4/06) [22 pp.]
From LSCR Volume 14, Issue 4 In June, 1994, the Sheriff of the Parish of St. Landry ("sheriff") sold a 13-acre property to plaintiff Lewis. At the time of the sale, four... view full summary |
| 241. | Party may not intentionally enroll counsel that would force recusal.
Disaster Restoration Dry Cleaning v. Pellerin Laundry Machinery Sales Co., 05-CC-0715 (La. 4/17/06) [17 pp.]
From LSCR Volume 14, Issue 4 On October 25, 2001, Pellerin and Disaster entered into a contract where Pellerin agreed to design a dry cleaning plant and supply the plant... view full summary |
| 242. | 30 days to apply for supervisory writ not suspended during unauthorized application for rehearing
State v. Crandell, 05-KK- 1060 (La. 3/10/06) [28 pp.]
From LSCR Volume 14, Issue 3 In 1991, a jury found defendant guilty of first degree murder but was unable to reach a unanimous verdict; and defendant was therefore sente... view full summary |
| 243. | Venue for wrongful death proper where decedent died, not where injuries occurred.
Jessica Wharton v. Michael Ridgell, 2005-CC-0069 (La. 1/19/06) [13 pp.]
From LSCR Volume 14, Issue 2 Plaintiff's child Savannah suffered personal injuries in an automobile-pedestrian accident in Tangipahoa Parish. As a result of injuries suf... view full summary |
| 244. | Filing of motion for new trial and for appeal excuses failure to comply with compulsory court order; judgment of contempt reversed.
Lang v. Asten, Inc., 05-C-1119 (La. 1/13/06) [4 pp.]
From LSCR Volume 14, Issue 2 The district court issued an order requiring that third-party defendant insurers provide their insureds a "full and complete defense," while... view full summary |
| 245. | Asbestosis class action filed prior to plaintiff's diagnosis with mesothelioma did not interrupt prescription.
Cichirillo v. Avondale Industries, Inc., 2004-C-2894 (La. 11/29/05) []
From LSCR Volume 14, Issue 1 Plaintiff Cichirillo worked at Ingalls Shipyard in Mississippi, and then at Avondale Shipyard in Louisiana. In April, 1991, Cichirillo was d... view full summary |
| 246. | Failure to request service within 90 days requires dismissal, even after answer has been filed.
Lea Sinclair Filson v. Windsor Court Hotel, 2004-CC-2893 (La. 06/29/05) [18 pp.]
From LSCR Volume 13, Issue 7 Plaintiffs filed a petition on March 25, 2003 against several defendants, including Keta Construction ("Keta"), and requested that service b... view full summary |
| 247. | Motion for involuntary dismissal can be made only after the close of plaintiff's case.
Taylor v. Tommie's Gaming, 2004-C-2254 (La. 5/24/05) [9 pp.]
From LSCR Volume 13, Issue 6 Complainant Taylor claimed to suffer a back injury while in the course and scope of his employment with Tommie's Gaming. Taylor claimed that... view full summary |
| 248. | Insurer's foreign liquidation entitled to exclusive jurisdiction over insurer's assets.
All Star Advertising Agency v. Reliance Ins. Co. in Liquidation, 2004-C-1544 (La. 4/12/05) [20 pp.]
From LSCR Volume 13, Issue 5 Plaintiff All Star Advertising Agency ("All Star") purchased policies of automobile liability coverage and workers' compensation ... view full summary |
| 249. | Claim for correction of retirement benefits prescribes in 3 years; laches not available in Louisiana.
Fishbein v. State, LSU Health Sciences Cntr., 2004-C-2482 (La. 4/12/05) [24 pp.]
From LSCR Volume 13, Issue 5 Plaintiff Dr. Judith Fishbein filed this suit against LSU and the Teachers' Retirement System of Louisiana ("TRSL") seeking mandamus, declaratory, and/or injunctive relief for her retiremen... view full summary |
| 250. | Pro hac vice admission denied; supervisory writ granted.
Finova Capital Corp. v. Short's Pharmacy, 05-O-0666 (La. 4/12/05) [3 pp.]
From LSCR Volume 13, Issue 5Pro hac vice admission denied; supervisory writ granted.','YES','Finova Capital Corp. v. Short's Pharmacy, 05-O-0666 (La. 4/12/05) [3 pp.]',' ... view full summary |
| 251. | Unconstitutionality must be alleged in a pleading in the district court.
Reed v. Reed, 05-CA-0375 (La. 3/24/05) [2 pp.]
From LSCR Volume 13, Issue 4 Plaintiff invoked the appellate jurisdiction of the Court pursuant to La. Const. art. V, S 5(D), on the ground that the district court decla... view full summary |
| 252. | Certification of judgment as final without express, written reasons is reviewed
de novo by appellate court; resolving a split in the circuits.
R.J. Messsinger, Inc. v. Rosenblum, 2004-OC-1664 (La. 03/02/05) [16 pp.]
From LSCR Volume 13, Issue 3 Carl and Kathryn Rosenblum contracted with R.J. Messinger ("Messinger") to construct a house, and secured from Messinger a written guarantee... view full summary |
| 253. | Conflicting court of appeal decisions require en banc rehearing.
Walker v. Bossier Med. Cntr., 04-C-1780 (La. 2/25/05) [1 p.]
From LSCR Volume 13, Issue 3 "Bossier Medical Center and the State of Louisiana seek review of a judgment of the court of appeal which declares La.R.S. 9:5628 unconstitu... view full summary |
| 254. | Cheron v. LCS Corrections Services and State of Louisiana
2004-CC-0703 (La. 01/19/05) [17 pp.]
From LSCR Volume 13, Issue 2 Patrick R. Cheron, while an inmate of Pine Prairie Correctional Facility, a private prison in Evangeline Parish operated by LCS Corrections ... view full summary |
| 255. | Prescription of tort claims for birth defects does not commence until birth.
Bailey v. Khoury, 2004-C-0620 (La. 1/20/05) [38 pp.]
From LSCR Volume 13, Issue 1 Plaintiff Ginger Bailey filed this suit individually and on behalf of her newborn child Jada to recover damages for injuries suffered by Jad... view full summary |
| 256. | Choice-of-law rules applicable to out-of-state UM policy; resolving a
split
in the circuits.
Champagne v. Ward, 2003-CC-3211 (La. 01/19/05) [29 pp.]
From LSCR Volume 13, Issue 1 Plaintiff Champagne, a Mississippi resident driving an automobile covered by an insurance policy issued in Mississippi, collided in New Orle... view full summary |
| 257. | Judges have no standing to challenge constitutionality of ministerial duty they must perform.
Greater New Orleans Expy. Comm'n v. Olivier, 2004-CA-2147 (La. 1/19/05) [17 pp.]
From LSCR Volume 13, Issue 1 The Greater New Orleans Expressway Commission, plaintiff, operates and maintains the Lake Pontchartrain Causeway Bridge and the Huey P. Long... view full summary |
| 258. | Declaratory judgment not available for disputes raised only in litigation.
Prator v. Caddo Parish, 2004-C-0794 (La. 12/1/04) [9 pp.]
From LSCR Volume 12, Issue 12 Caddo Parish Sheriff filed this suit against Caddo Parish ("Parish") seeking a declaratory judgment that he did not owe the Parish a credit ... view full summary |
| 259. | Sanction of dismissal imposed for failure to respond to discovery.
Hutchinson v. Westport Ins. Co., 04-C-1592 (La. 11/8/04) [4 pp.]
From LSCR Volume 12, Issue 11 Plaintiff filed this suit for malpractice against defendant law firm that failed timely to file a personal injury suit on behalf of her mino... view full summary |
| 260. | Error to refer exception of prescription to the merits; supervisory writ granted.
Lewis v. Compass, 2004-CC-1666 (La. 10/29/04) [1 p.]
From LSCR Volume 12, Issue 11 "Writ Granted. As Judge Murray notes in her dissent in the court of appeal, because the determinative facts on the prescription issue are no... view full summary |
| 261. | Service must be requested within 90 days, but request need not be filed.
Willborn v. Vermillion Parish Police Jury, 04-CC-1074 (La. 7/2/04) [1 p.]
From LSCR Volume 12, Issue 8 "Granted. La.R.S. 13:5107(D) provides that in suits against the state or a political subdivision, service of citation shall be requested wit... view full summary |
| 262. | Summary judgment reversed: internal inconsistencies in uncontradicted deposition testimony preclude summary judgment.
Wadsworth v. Garrett, 2004-C-0806 (La. 6/25/04) [7 pp.]
From LSCR Volume 12, Issue 7 Plaintiffs filed this suit to recover damages they suffered when they struck defendant's cows while driving on the highway adjacent to his p... view full summary |
| 263. | Daubert ruling must be made before granting summary judgment.
Basco v. Liberty Mutual Insurance Company, 04-CC-1316 (La. 6/25/04) [1 p.]
From LSCR Volume 12, Issue 7 "Granted. Because the trial court failed to completely decide the admissibility of defendants' expert evidence under Daubert v. Merrill Dow ... view full summary |
| 264. | Physical evidence may show that testimony is speculative; summary judgment entered.
Davy Jones v. Estate of Santiago, 2003-CC-1424 (La. 4/14/04) [14 pp.]
From LSCR Volume 12, Issue 5 Plaintiff Jones sued the estate of his wife's killer, seeking to recover damages under the killer's homeowner's insurance policy. Jones's wife Annissa had left him to live with the killer, Santiago. ... view full summary |
| 265. | Uncontradicted evidence of lack of service sufficient to annul judgment.
Hall v. The Folger Coffee Company, 2003-C-1734 (La. 4/14/04) [36 pp.]
From LSCR Volume 12, Issue 5 Plaintiff Roy Hall fell from a platform while delivering coffee cans to the warehouse of the Folger Coffee Company in November, 1994. He obtained a default judgment in the amount of $910,572.70 in da... view full summary |
| 266. | New trial was an abuse of discretion; supervisory writ granted. Brian Campbell v. Tork, Inc., 2003-CC-1341
(La. 02/20/04) [11 pp.]
From LSCR Volume 12, Issue 3 When Brian Campbell, finance and insurance manager for Benson BMW/Isuzu/Volkswagen, Inc., arrived for work on February 22, 1995, and attempt... view full summary |
| 267. | Summary judgment reversed; trial court is not to weigh testimony.
Hutchinson v. Knights of Columbus, 2003-C-1533 (La. 2/20/04) [14 pp.]
From LSCR Volume 12, Issue 3 Plaintiffs the Hutchinsons filed suit to recover damages for personal injuries suffered by Mrs. Hutchinson when she tripped and fell over el... view full summary |
| 268. | Lack of knowledge of discriminatory intent does not toll prescription for terminated employee.
Eastin v. Entergy Corp., 03-C-1030 (La. 2/6/04) [15 pp.]
From LSCR Volume 12, Issue 2 Plaintiffs in this class action are all former Entergy employees who filed suit for damages for wrongful termination on the basis of age. Th... view full summary |
| 269. | Forma pauperis application meets requirement of timely paying fees only if application is timely.
Tenney v. Burlington N. & Santa Fe. R. Co., 03-C-1260 (La. 1/21/03) [6 pp.]
From LSCR Volume 12, Issue 2 Plaintiff Tenney was involved in an automobile accident on November 9, 2000. On November 7, 2001, plaintiff submitted a petition for damages... view full summary |
| 270. | Pleadings cannot be amended to conform to the evidence, in order to supply a plea of unconstitutionality of a statute.
La. Assessors' Retirement Fund v. City of New Orleans, 2003-CA-3009 (La. 1/26/04) [6 pp.]
From LSCR Volume 12, Issue 2 This is the fourth opinion in related cases seeking to determine the enforceability of La.R.S. SS 11:1482 and 11:82, which plaintiff Funds c... view full summary |
| 271. | Prescription may be raised in a motion for summary judgment.
Alcorn v. City of Baton Rouge, 03-C-2682 (La. 1/16/04) [4 pp.]
From LSCR Volume 12, Issue 1 Plaintiffs filed suit against the City seeking damages for race-based discrimination and harassment in their employment as police officers. ... view full summary |
| 272. | Unconstitutionality of statute must be raised by pleading.
Unwired Telecom Corp. v. Parish of Calcasieu, Louisiana, 2003-CA-0732 (La.12/12/03) [17 pp.]
From LSCR Volume 12, Issue 1 For years, the Collector of Calcasieu Parish sales and use taxes (Collector) collected from Mercury Cellular Telephone Company (Mercury) a u... view full summary |
| 273. | Suit interrupts prescription, even if dismissed for non-service within 90 days, resolving a split in the circuits.
Bordelon v. Medical Cntr. of Baton Rouge, 03-C-0202 (La. 10/21/03) [11 pp.]
From LSCR Volume 11, Issue 11 Plaintiffs the Bordelons timely filed this medical malpractice suit against defendants Dr. Zaruski and the Medical Center on February 6, 199... view full summary |
| 274. | Defendant entitled to return of amount paid in satisfaction of judgment reversed on appeal and remanded.
Gootee Construction, Inc. v. Amwest Surety Ins. Co., 2003-CC-0144 (La. 10/10/03) [7 pp.]
From LSCR Volume 11, Issue 11 Plaintiff Gootee was a contractor who subcontracted with PGP for glass work on a construction job. Defendant Amwest was PGP's performance su... view full summary |
| 275. | Jury trial available on the issue of worker's comp. immunity, overruling controlling precedent.
Brewton v. Underwriters Ins. Co., 2002-CC-2852 (La. 6/27/03) [7 pp.]
From LSCR Volume 11, Issue 8 Plaintiff and her husband, who are both employed by the same company, were driving back from a business dinner when the husband fell asleep ... view full summary |
| 276. | District court has original jurisdiction of challenge to constitutionality of tax statute.
ANR Pipeline Co. v. La. Tax Comm'n, 2002-C-1479 (La. 7/2/03) [13 pp.]
From LSCR Volume 11, Issue 7 The plaintiffs are five interstate pipeline companies providing gas transportation, storage, and balancing services to customers in Louisian... view full summary |
| 277. | Defendant failed to preserve error on application for certiorari; writ dismissed.
Johnson v. State of Louisiana, 2002-C-2382 (La. 5/20/03) [5 pp.]
From LSCR Volume 11, Issue 6 Plaintiff tripped and fell in a building owned by the State of Louisiana. She alleged that the metal strip on the edge of a stair constitute... view full summary |
| 278. | District judge may not recall erroneously signed final judgment.
Bourgeois v. Kost, 2002-C-2785 (La. 5/20/03) [8 pp.]
From LSCR Volume 11, Issue 6 Plaintiffs' personal injury suit was tried to the district judge, who asked the parties to submit post-trial memoranda and proposed judgment... view full summary |
| 279. | Out-of-state attorney representing Louisiana client subject to personal
jurisdiction in Louisiana.
Alonso v. Line, 2002-CC-2644 (La. 5/20/03) [11 pp.]
From LSCR Volume 11, Issue 6 Plaintiff Alonso hired defendant, attorney Line, to represent her in a personal injury suit arising out of an automobile collision in Baton ... view full summary |
| 280. | Nullification of testament not res adjudicata as to damages claim against administratrix.
Burguieres v. Po llingue, 2002-CC-1385 (La. 2/2 5/03) [13 pp.]
From LSCR Volume 11, Issue 4 Plaintiffs were heirs of a succession who had previously filed suit against the administratrix, Mrs. Pollingue, to nullify the probated test... view full summary |
| 281. | Defendants' violation of TRO not an act of contempt.
Dauphine v. Carencro H igh School, 2002-C C-2005 (La. 4/2 1/00) [17 pp.]
From LSCR Volume 11, Issue 4 Plaintiff was a high school student who was inform ed three days before graduation that he would not graduate, due to his failure of Algebra... view full summary |
| 282. | Court of appeal erred in not rehearing case before a five-judge panel.
Bailey v. Kh oury, 03-C C-0165 (La. 4/4 /03) [2 pp.]
From LSCR Volume 11, Issue 4 Defendan ts applied for supervisory review of an adverse judgment, and the judgment was reversed, with one judge dissenting. The court of ap... view full summary |
| 283. | Limitations period for Board of Ethics suit prescriptive, not peremptive.
State Board of E thics v. O urso, 2002-C-1978 (La. 4/9/03) [10 pp.]
From LSCR Volume 11, Issue 4 Defendant judicial candidate filed, no later than N ovember 19, 19 98, campaign disclosure statements which, the Board of Ethics claimed, di... view full summary |
| 284. | Answer filed in federal court precludes default judgment in state court after remand.
Ma rie Anna Rivet v. Regions Bank, 2002-CC-1813 (La. 2/25/03) [7 pp.]
From LSCR Volume 11, Issue 3 Plaintiffs are owners of a corporation that owned a leasehold of commercial property in New Orleans. The corporation granted a first mortgag... view full summary |
| 285. | Failure to serve petition upon proper defendant within 90 days results in dismissal.
Barnett v. LSU Medical Center, 02-CC-2576 (La. 2/7/03) [2 pp.]
From LSCR Volume 11, Issue 2 Plaintiff filed his petition on January 24, 2002, then served it on C.T. Corporation Systems as agent for service of process of LSU Medical ... view full summary |
| 286. | Premature ruling on constitutional issue erroneous.
Ring v. State, DOTD, 2002-CA-1367 (La. 1/14/03) [9 pp.]
From LSCR Volume 11, Issue 1 Plaintiff, an Illinois trucker, was stopped on an Interstate Highway in Louisiana and ticketed for failing to stop at a weigh station. The s... view full summary |
| 287. | Prescription interrupted for molestation claims against the state.
SS on behalf of LMW v. State, Dept. of Social Services, 2002-C-0831 (La. 12/4/02) [12 pp.]
From LSCR Volume 10, Issue 12 Mother filed suit on behalf of her minor daughter, LW, against the Department of Social Services ("DSS") and their juvenile shelter, ETC, after LW was raped and became pregnant by an ETC employee whi... view full summary |
| 288. | New rules for admission pro hac vice.
Williams v. City of New Orleans, 2002-CC-1127 (La. 12/4/02) [11 pp.]
From LSCR Volume 10, Issue 12 In this suit brought by an employee of a railroad pursuant to FELA, a Texas attorney, Baxley, applied with local counsel for admission pro hac vice as counsel for plaintiff. The ex parte motion recit... view full summary |
| 289. | Interlocutory judgments certified as final are appealable from the date of notice of certification.
Fraternal Order of Police v. City of New Orleans, 02-C-1801 (La. 11/8/02) [6 pp.]
From LSCR Volume 10, Issue 11 The City sought to appeal a partial summary judgment entered by the trial judge pursuant to art. 966(E) on April 27, 2000. On June 5, 2000, 39 days after the issuance of the judgment, the City filed ... view full summary |
| 290. | Trial court properly limited Phase I trial to defendant's liability vel non.
Scott v. American Tobacco Co., 2002-CC-2449 (La. 11/15/2002) [6 pp.]
From LSCR Volume 10, Issue 11 Plaintiffs filed this class action against defendant manufacturers of tobacco products alleging that defendants are liable for intentional tort, fraud, and strict liability for making tobacco product... view full summary |
| 291. | Garnishee need not withhold amounts payable to independent contractor.
Tower Credit, Inc. v. Tonya Carpenter, 01-C-2875 (La. 9/4/02) [8 pp.]
From LSCR Volume 10, Issue 9 Defendant defaulted on a promissory note held by plaintiff Tower Credit, who sued and was awarded judgment for $10,000 -- the full amount of the debt, plus interest and attorney's fees. Tower propoun... view full summary |
| 292. | Uniform Local Rules enacted.
Enactment of Rules for Louisiana District Courts, effective March, 2002.
From LSCR Volume 10, Issue 8 The Court enacted uniform local rules, along with a uniform numbering system for family courts. The new rules govern all aspects of district court procedure, including but not limited to office hours... view full summary |
| 293. | Crime of violence" prescription construed.
Ysonde Boland v. John D. Kleinpeter, et al., 01-C-3287 (La. 6/21/02) [8 pp.]
From LSCR Volume 10, Issue 7 Plaintiffs' mother had a pistol stolen from her house by a neighbor, Kleinpeter. Kleinpeter showed the pistol to a friend, Lauren Futrell, and discussed how "weird" it would be to shoot someone. Klei... view full summary |
| 294. | Reversible error to cut off defense cross-examination.
State v. Darian Robinson, 01-K-0273 (La. 5/17/02) [10 pp.]
From LSCR Volume 10, Issue 6 Defendant was convicted of possession of cocaine with intent to distribute. Police had stopped defendant and a Mr. Williams in middle of an argument, whereupon Williams stated that defendant had been... view full summary |
| 295. | Partial judgments in worker's compensation not appealable.
James O. Rhodes v. Ralph Lewis, Sr., 01-C-1989 (La. 5/14/02) [8 pp.]
From LSCR Volume 10, Issue 5 The OWC hearing officer made a partial determination that only one of three defendants was an "employer" liable for claimant's work-related injury. The extent of injury and benefits were reserved for... view full summary |
| 296. | Mandamus relief requires a showing that ordinary proceedings would cause injustice.
Louisiana Assessors' Retirement Fund, et al. v. City of New Orleans, et al., 01-C-0735 (La. 2/26/02) [2 pp.]
From LSCR Volume 10, Issue 3 Plaintiffs Louisiana Assessors' Retirement Fund and Louisiana Clerks' of Court Retirement and Relief Fund filed a petition for writ of mandamus against the City of New Orleans, its treasurer, and its... view full summary |
| 297. | Assignments of error must be contained both in the writ application and in the brief, or are considered abandoned.
Boudreaux v. State, DOTD, 2001-C-1329 (La. 2/26/02) [9 pp.]
From LSCR Volume 10, Issue 3 Judgment was rendered against defendant Louisiana Department of Transportation and Development, and was affirmed on appeal. DOTD filed with the Court an application for a writ of certiorari and memor... view full summary |
| 298. | Contra non valentem does not apply when proper defendant was discoverable within the prescriptive period.
Renfroe v. State, DOTD, 2/26/02 (La. 01-C-1646) [13 pp.]
From LSCR Volume 10, Issue 3 Plaintiff's decedent was killed in an automobile collision on Causeway Boulevard in Jefferson Parish, two-tenths of a mile north of Airline Highway. A sign on Causeway marked it as "LA 3046"; the acc... view full summary |
| 299. | Changing the name of the judgment defendant is a change of substance, not form.
Tunstall v. Stierwald, 2001-C-1765 (La. 2/26/02) [10 pp.]
From LSCR Volume 10, Issue 3 Plaintiff suffered personal injuries when his vehicle was struck by defendant's vehicle. Plaintiff named Travelers as a defendant, but the suit was answered and coverage admitted by Phoenix Insurance... view full summary |
| 300. | Nonparty that defied a court order erroneously held in contempt.
Billiot v. Billiot, 01-C-1298 (La. 1/25/02) [11 pp.]
From LSCR Volume 10, Issue 2 Parents P.B. and J.B. divorced and were awarded joint custody of their child, A.B. The custody judgment named P.B. as domiciliary parent, but domicile was subsequently changed to J.B. Four years late... view full summary |
| 301. | Juror misconduct must be proved in an evidentiary hearing.
Axcess Global Communication of America Corp. v. Matsushita Electric Industrial Co., Ltd., 01-CC-2167 (La. 2/1/02) [3 pp.]
From LSCR Volume 10, Issue 2 Plaintiffs filed suit against defendant alleging fraud and breach of contract. After a jury verdict in favor of defendant, plaintiffs filed a motion for new trial and raised the ground of jury miscon... view full summary |
| 302. | Court of appeal may not modify judgment in the absence of appeal or
answer to appeal.
Walker v. Clarendon Nat. Ins. Co., 01-C-2338 (La. 12/14/01) [2 pp.]
From LSCR Volume 9, Issue 12 Plaintiff filed suit for UM coverage and was granted a "declaratory" summary judgment that the UM limits were $500,000.00. Defendant appeale... view full summary |
| 303. | District court erred in ruling on the merits of plaintiffs' petition at the
injunction hearing, when the parties had not consented to summary
trial.
Women's Health Clinic, et al. v. the State of Louisiana, 01-CA-2645 (La. 11/9/01) [2 pp.]
From LSCR Volume 9, Issue 11 Medical clinics and a physician filed suit to enjoin the enforcement of Louisiana law rendering them liable for any damages suffered by a wo... view full summary |
| 304. | Suit should have been involuntarily dismissed when plaintiff failed to
request service within 90 days.
Sammy Young v. Stephen Roth, et al., 01-CC-2151 (La. 11/9/01) [1 pp.]
From LSCR Volume 9, Issue 11 Defendant moved for involuntary dismissal under La. Code Civ. P. art. 1672(C), on the ground that 90 days had passed since the filing of sui... view full summary |
| 305. | District court may properly reverse itself and grant a JNOV before
final judgment is rendered.
Vasalle v. Wal-Mart Stores, 01-C-0462 (La. 11/28/01) [19 pp.]
From LSCR Volume 9, Issue 11 Plaintiff was struck with a shopping cart pushed by a Wal-Mart employee, and she and her husband sued for personal injuries and loss of cons... view full summary |
| 306. | Attorney's fees in appropriation suit need not fully compensate the
landowner for his fees.
Rivet v. State, DOTD, 01-CC-0961 (La. 11/28/01) [8 pp.]
From LSCR Volume 9, Issue 11 Plaintiffs filed an appropriation (inverse condemnation) suit against the Department of Transportation and Development. After ten years of l... view full summary |
| 307. | Partial summary judgment rendered prior to 1999 was appealable due
to ambiguity in the law
Shell Pipeline Corporation v. La. Dept. of Revenue and Taxation, No. 00-OC-3207 (La. 10/16/01) [6 pp.]
From LSCR Volume 9, Issue 10 In this action to recover taxes paid under protest, the state appealed a partial summary judgment in favor of the taxpayer. The judgment had... view full summary |
| 308. | District court's JNOV increasing damage award was abuse of
discretion.
Gladys Marie Hunter, et vir. v. Wal-Mart, No. 01-C-0299 (La. 10/16/010) [5 pp.]
From LSCR Volume 9, Issue 10 Plaintiff caught her foot in a wooden pallet at Wal-Mart in April, 1996; and she fell, but was caught by an employee. Her foot was bruised, ... view full summary |
| 309. | Hidden business arrangement between plaintiff and codefendant
renders judgment void for ill practices. Belle Pass Terminal, Inc. v. Jolin, Inc., et al. c/w Jolin, Inc. v. Belle Pass Terminal, Inc., et al., No. 2001-C-
0149 (La. 10/16/01) [10 pp.]
From LSCR Volume 9, Issue 10 Plaintiff Guidry filed this suit to annul a judgment that had been rendered against him in 1992. Plaintiff and others, including an individu... view full summary |
| 310. | Summary judgment properly granted dismissing fraud claim.
J. Elise Shelton v. Standard/700 Associates, et al., No. 01-C-0587 (La. 10/16/01) [9 pp.]
From LSCR Volume 9, Issue 10 Plaintiff sued for rescission of the sale of her condominium, alleging fraud in the inducement of the sale. Plaintiff's condominium unit dev... view full summary |
| 311. | Prescription of tax collection by the government is continuously
interrupted by filing of fraudulent return
Elevating Boats, Inc. v. St. Bernard Parish, et al., No. 00-C-3518 (La. 9-5-01) [34 pp.]
From LSCR Volume 9, Issue 9 Plaintiff Elevating Boats, Inc. filed two petitions for refund of taxes paid under protest, and the two suits were consolidated. Elevating B... view full summary |
| 312. | Party seeking to compel arbitration could make use of Louisiana attachment statute.
Stemcor USA Inc. v. CIA Siderurgica Do Para Casipar, 2018-CQ-1728 (La. 05/08/2019) [19 pp.]
From LSCR Volume 5, Issue 27
This case involved a dispute between two creditors of America Metals Trading, L.L.P. (AMT).
The creditors were Daewoo International Corp. ... view full summary |
| 313. | District court didn't abuse discretion in denying suspensive appeal to LSU in claim by expelled dental students.
Jennifer Thien v. Board of Supervisors of Louisiana State University, 2019-CC-0429 (La. 05/20/2019) [3 pp.]
From LSCR Volume 5, Issue 27
Plaintiffs were LSU dental school students who had been expelled on allegations of cheating.
They filed suit alleging violation of their due... view full summary |