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CIVIL PROCEDURE

1.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
2.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
3.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
4.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
5.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
6.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
7.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
8.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
9.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
10.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
11.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
12.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
13.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
14.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
15.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
16.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
17.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
18.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
19.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
20.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
21.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
22.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
23.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
24.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
25.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
26.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
27.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
28.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
29.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
30.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
31.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
32.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
33.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
34.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
35.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
36.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
37.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
38.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
39.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
40.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
41.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
42.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
43.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
44.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
45.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
46.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
47.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
48.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
49.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
50.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
51.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
52.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
53.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
54.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
55.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
56.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
57.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
58.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
59.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
60.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
61.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
62.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
63.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
64.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
65.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
66.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
67.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
68.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
69.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 1
In 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
70.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 1
In 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
71.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 12
In 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
72.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 10
In 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
73.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 7
In 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
74.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 7
Plaintiff 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
75.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 7
To 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
76.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 6
The 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
77.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
78.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
79.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
80.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
81.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
82.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
83.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
84.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
85.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 12
On 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
86.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
87.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
88.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
89.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 9
Plaintiffs, 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
90.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 9
Plaintiffs 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
91.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 9
In 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
92.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 9
Plaintiffs 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
93.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
94.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
95.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
96.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
97.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
98.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
99.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
100.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
101.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
102.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
103.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
104.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
105.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
106.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
107.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
108.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
109.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
110.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
111.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
112.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
113.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
114.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
115.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
116.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
117.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
118.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
119.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
120.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
121.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
122.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
123.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
124.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
125.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
126.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
127.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
128.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
129.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
130.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
131.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
132.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
133.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
134.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
135.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
136.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
137.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
138.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
139.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
140.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
141.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
142.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
143.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
144.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
145.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
146.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
147.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
148.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
149.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
150.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
151.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
152.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
153.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
154.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
155.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
156.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
157.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
158.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
159.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
160.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
161.30 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
162.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
163.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
164.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
165.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
166.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
167.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
168.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
169.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 5
Pro 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
170.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
171.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
172.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
173.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
174.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
175.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
176.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
177.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
178.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
179.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
180.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
181.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
182.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
183.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
184.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
185.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
186.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
187.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
188.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
189.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
190.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
191.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
192.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
193.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
194.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
195.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
196.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
197.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
198.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
199.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
200.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
201.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
202.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
203.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
204.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
205.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
206.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
207.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
208.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
209.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
210.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
211.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
212.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
213.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
214.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
215.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
216.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
217.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
218.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
219.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
220.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
221.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
222.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
223.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
224.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
225.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
226.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
227.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
228.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
229.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
230.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
231.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
232.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