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CONTRACTS

1.Court enforces forum selection clause in Louisiana insurance policy selecting New York as venue for suit on policy.
Creekstone Juban, I, LLC v. XL Insurance America, Inc., 2018-CC-0748 (La. 05/08/2019) [24 pp.]
From LSCR Volume 27, Issue 5
     Plaintiff, a Delaware limited liability company, owned the Juban Crossing shopping mall in Livingston Parish, property consisting of high-end multi-use facilities for reta... view full summary
2.Defendants not entitled to summary judgment based on res judicata effect of release signed by Jones Act seaman.
Jordain Brasseaux v. Moncla Marine Operations, LLC, 2019-CC-0477 (La. 05/20/2019) [1 p.]
From LSCR Volume 27, Issue 5
     Plaintiff asserted claims as a Jones Act seaman, and defendants moved for summary judgment based on the res judicata effect of a settlement and release. The... view full summary
3.Court reinstates award to delivery truck owner for cost of engine repairs and lost business.
Workbox, LLC v. Kenworth of South Louisiana, LLC, 2019-C-132 (La. 03/18/19) [1 p.]
From LSCR Volume 27, Issue 3
     In 2007 plaintiff purchased a 2006 Kenworth T800 series truck and placed it into service as part of its fleet of delivery trucks. In June 2011 the truck's engine was consu... view full summary
4.Court reinstates district court's ruling granting exceptions of prematurity based on arbitration agreement.
Martin Berotte v. Bechtel OG&C Construction Services, Inc., 2018-CC-1973 (La. 02/18/19) [2 pp.]
From LSCR Volume 27, Issue 2
     In this case and three related cases, employees of defendant filed suit and were met with exceptions of prematurity based on arbitration agreements. The district court ... view full summary
5.Court reverses summary judgment for defendants and allows extrinsic evidence as to whether plaintiff released them in settlement agreement.
Kerry Maggio v. James Parker, 2017-CC-1112 (La. 06/27/18) [20 pp.]
From LSCR Volume 26, Issue 6
     In January 2015 plaintiff was injured in an automobile accident when his vehicle was struck by a vehicle being operated by James Parker. Mr. Parker was an emp... view full summary
6.Court reinstates award of almost $1M in BP settlement proceeds to sublessee/purchaser of oyster leases.
Nikola P. Vekic v. Dragutin Popich, 2017-C-0698 (La. 10/18/17) [22 pp.]
From LSCR Volume 25, Issue 10
     In 2009 plaintiff sought to buy three oyster leases that were owned by defendants. The parties signed a "Sublease Agreement with Option to Purchase," which w... view full summary
7.No bad faith damages due for School Board's failure to abide by bus driver tenure statute.
Gerald Castille v. St. Martin Parish School Board, 2016-C-1028 (La. 03/15/17) [12 pp.]
From LSCR Volume 25, Issue 3
     Plaintiff began employment with the St. Martin Parish School Board as a bus driver in 1977.
     Since 1980 he had been assigned to the "Highway 31 ... view full summary
8.Broad authority given father by way of son's military form included action for reinternment of son's remains.
Eugene J. Sonnier II v. Catholic Diocese of Lafayette, 2016-C-0839 (La. 10/28/16)[]
From LSCR Volume 24, Issue 11

          Eugene J. "Trey" Sonner, III, served in the United States Airforce and completed a "Form 93," including a designation... view full summary
9.Court strikes arbitration clause in trampoline park participant agreement as adhesionary.
James Duhon v. Activelaf, LLC, 2016-CC-0818 (La. 10/19/16) [27 pp.]
From LSCR Volume 24, Issue 10

          Patrons of Sky Zone Lafayette, an indoor trampoline park, were required to execute a "Participant Agreement, Release and... view full summary
10.Court strikes arbitration clause in trampoline park participant agreement in second case.
Roger Alicea v. Activelaf, LLC, 2016-CC-0708 (La. 10/19/16)[11 pp.]
From LSCR Volume 24, Issue 10

          This case was consolidated for argument with Duhon v. Activelaf, LLC, above. Here, Roger Alicea took his two sons to Sky Zo... view full summary
11.Failure to comply with notice and recordation requirements of Public Works Act does not affect rights of subcontractor in privity with general contractor to proceed against the contractor's surety on bond.
Pierce Foundations, Inc. v. Jaroy Construction, Inc., 2015-C-0785 (La. 05/03/16) [31 pp.]
From LSCR Volume 24, Issue 5

          JaRoy Construction contracted with Jefferson Parish to serve as the general contractor on a public works project for the construction ... view full summary
12.Defendant not entitled to art. 2003 reduction of damages it owed for breach of contract unless breach by plaintiff contributed to defendant's breach.
Lamar Contractors, Inc. v. Kacco, Inc., 2015-C-1430 (La. 05/03/16) [9 pp.]
From LSCR Volume 24, Issue 5

          Plaintiff was the general contractor on a construction project. Defendant subcontracted to provide metal framing and drywall work on t... view full summary
13.Lessors could terminate lease without including formal notice of cure period in default letters.
Kenneth H. Lobell v. Cindy Ann Rosenberg, 2015-C-0247 (La. 10/14/15) [14 pp.]
From LSCR Volume 23, Issue 10

          By agreement dated January 25, 1957, Simon and Herman H. Rosenberg leased property located at 2025 Canal Street in New Orleans to Eagl... view full summary
14.Court reversed breach of employment contract verdict for plaintiff: there was insufficient evidence for a rational trier of fact to conclude the parties agreed to a five-year term of employment.
Michael O. Read v. Willwoods Community, 2014-C-1475 (La. 03/14/15) [17 pp.]
From LSCR Volume 23, Issue 3

          Defendant, a non-profit corporation subject to the precepts of the Roman Catholic Church, provided ministries in affordable housing, ... view full summary
15.Arbitrator acted within the authority conferred upon him by the parties in awarding damages and considering employment records.
Mack Energy Co. v. Expert Oil and Gas, LLC, 2014-1127 (La. 01/28/15) [20 pp.]
From LSCR Volume 23, Issue 2

          Plaintiffs, owners of an oilfield's mineral rights, entered into an agreement with defendant, an oilfield operator. Defendant was auth... view full summary
16.Even if arbitration panel had committed legal error in applying peremptive period, court was without basis to vacate arbitration award.
Crescent Property Partners, LLC v. American Manufacturers Mutual Insurance Company, 2014-C-0969 c/w 2014-C-0973 (La. 01/28/15) [18 pp.]
From LSCR Volume 23, Issue 2

          Plaintiff, a property owner, contracted with Greystar Development and Construction, a builder, for the construction of a mixed-use... view full summary
17.Court of appeal erred in awarding damages against individual defendants when it had concluded that corporate veil was not pierced.
William Norwood, M.D. v. Mobley Valve Services, Inc., 2014-C-1882 (La. 01/16/15) [1 p.]
From LSCR Volume 23, Issue 1

          This case involved plaintiffs' investment in a working interest in a mineral lease in DeSoto Parish. Mobley Valve Services, Inc. (MVS)... view full summary
18.State entitled to summary judgment on breach of contract claim by former head coach of UL football team.
Jerry Lee Baldwin v. Board of Supervisors for the University of Louisiana System, 2014-C-0827 (La. 10/15/14) [12 pp.]
From LSCR Volume 22, Issue 10

          In December 1998, plaintiff entered into a written agreement with the Board of Supervisors for the University of Louisiana System, by ... view full summary
19.Under contract, defendants had option, not obligation, to sublease mineral rights; defendants breached contract by failing to complete survey, but did not do so in bad faith.
Olympia Minerals, LLC v. HS Resources, Inc., 2013-C-2637 c/w 2013-C-2717 (La. 10/15/14) [47 pp.]
From LSCR Volume 22, Issue 10

          Plaintiffs held mineral rights in approximately 42,000 mineral acres located in Beauregard and Calcasieu Parishes. Effec... view full summary
20.Forum selection clauses are not against public policy in Louisiana.
Shelter Mutual Insurance Company v. Rimkus Consulting Group, Inc., 2013-CC-1977 (La. 07/01/14) [29 pp.]
From LSCR Volume 22, Issue 7

          Plaintiff retained defendant to provide engineering evaluations and expert witness services in connection with litigation r... view full summary
21.Plaintiffs in redhibition action entitled to litigate issue of whether sellers' allegedly fraudulent responses on property disclosure voided subsequent waiver of redhibition.
Nancy Williams v. Robert Allan Nelson, 2014-C-164 (La. 04/11/14) [3 pp.]
From LSCR Volume 22, Issue 4

          This redhibition action involved the sale of a home in Metairie, Louisiana. Plaintiffs alleged that the co-trustees of two trusts exec... view full summary
22.Party who deceptively altered agreement convicted of forgery and filing false public record.
State v. Gerald J. Bourgeois, 2013-K-0606 c/w 2013-K-0609 (La. 12/06/13) [12 pp.]
From LSCR Volume 21, Issue 12

          1102 North Highway 190, LLC ("1102") obtained a $2.8 million loan in return for a promissory note executed by 1102 and personally... view full summary
23.Member of home builder LLC not personally liable for construction defects although he personally performed and failed to supervise substandard work.
Mary P. Ogea v. Travis Merritt, 2013-C-1085 (La. 12/10/13) [32 pp.]
From LSCR Volume 21, Issue 12

          Plaintiff entered into an agreement with Merritt Construction, LLC, by which the company was to build a home for her on an undeveloped... view full summary
24.Plaintiffs entitled to recover damages and attorney's fees from home builder under Residential Property Disclosure Act for misrepresentations on disclosure form.
James S. Stutts v. Chad Z. Melton, 2013-C-0557 (La. 10/15/13) [15 pp.]
From LSCR Volume 21, Issue 10

          Defendants are Chad Melton and his wife. Melton was the builder of a residential home in Walker, Louisiana. After construction was com... view full summary
25.Doctor entitled to general damages against hospital for faulty peer review proceeding, but not to lost income award.
Tommie M. Granger, M.D. v. Christus Health Central Louisiana, 2012-C-1892 (La. 06/28/13) [50 pp.]
From LSCR Volume 21, Issue 7

          Plaintiff was a board-certified cardiac surgeon practicing in Alexandria with hospital privileges at Christus St. Frances Cabrini Hos... view full summary
26.Contract cannot be rescinded based on unilateral error where party seeking rescission committed inexcusable error.
Cynthia Fry Peironnet v. Matador Resources Co., 2012-C-2292 c/w 2012-C-2377 (La. 06/28/13) [48 pp.]
From LSCR Volume 21, Issue 7

          Plaintiffs were owners of interests in large tracts of land in Caddo Parish. In June 2004, they executed an oil and gas lease (the Lea... view full summary
27.Parish liable under unjust enrichment theory to contractor who assisted in post-hurricane road cleaning.
USA Disaster Recovery, Inc. v. St. Tammany Parish Government, 2013-C-0656 (La. 05/31/13) [2 pp.]
From LSCR Volume 21, Issue 6

          Immediately after Hurricane Katrina, plaintiff performed emergency road cleaning for search and rescue efforts at the direction of the... view full summary
28.Withdrawing partner allowed to contest valuation of partnership interest.
Lebeouf Real Estate Company v. Barbara Q. Lebeouf, 2013-CC-0898 (La. 06/28/13) [1 p.]
From LSCR Volume 21, Issue 6

          This very brief opinion concerned the interpretation of articles of partnership. Defendant was a withdrawing partner. The... view full summary
29.Joint operating agreement did not cover new leases.
Clovelly Oil Co., LLC v. Midstates Petroleum Co., LLC, 2012-C-2055 (La. 03/19/13) [14 pp.]
From LSCR Volume 21, Issue 3

          In 1972, three individuals entered into a joint operating agreement (JOA), a contract for the operation of a tract or leasehold for oi... view full summary
30.Five year peremptive period applied to claim against subcontractor.
Charles Ebinger v. Venus Construction Corp., 2010-C-2516 (La. 07/01/11) [14 pp.]
From LSCR Volume 19, Issue 7
In 1995, plaintiffs contracted with defendant to build a home in Lafayette. They obtained a certificate of occupancy in April 1997. They filed suit in October 2003 under the New Home Warranty Act, L... view full summary
31.State's claim under bid law survived exception of no cause of action.
State v. Infinity Surety Agency, L.L.C., 2010-C-2264 (La. 05/20/11) [14 pp.]
From LSCR Volume 19, Issue 5
In May 2008, the State issued a project manual and bid specifications to remove and replace existing cabins at Bayou Segnette State Park in Westwego. The project manual required bids to be accompani... view full summary
32.Arbitral award nullified for failure to prove agreement to arbitrate.
FIA Card Services, N.A. v. William F. Weaver (La. 03/15/11) [21 pp.]
From LSCR Volume 19, Issue 3

          Defendant obtained a credit card from plaintiff's alleged predecessor in interest. Plaintiff filed an arbitration claim against him an... view full summary
33.Court modifies prior opinion to reinstate wrongful seizure claim.
The Bank of New York v. Kathleen Johnson Parnell, 2010-C-0435 (La. 01/14/11) [2 pp.]
From LSCR Volume 19, Issue 1

          In an opinion issued November 20, 2010 (see LSCR Vol. 18, No. 12, December 2010 issue), the Court reinstated the district court's summ... view full summary
34.Yield spread premium paid to mortgage broker not included in HOEPA calculation.
The Bank of New York v. Kathleen Johnson Parnell, 2010-C-0435 (La. 11/30/10) [16 pp.]
From LSCR Volume 18, Issue 12
In 2001Kathleen Parnell executed an adjustable rate promissory note in the amount of $63,200 at an initial yearly interest rate of 12.65%. The note was secured by a mortgage on her home. The lender ... view full summary
35.Preliminary injunction against foreclosure was proper where issues existed as to forbearance agreement.
Indymac Federal Bank, FSB v. Joel C. Groshong, 2010-CC-1179 (La. 10/01/10) [2 pp.]
From LSCR Volume 18, Issue 9
Plaintiff instituted foreclosure proceedings against defendant. In response, defendant filed a petition for preliminary injunction alleging the parties had entered into a forbearance agreement and t... view full summary
36.Extension of employment contract not triggered.
Kathy Prejean v. Walter Guillory, 2010-C-0740 (La. 07/02/10) [11 pp.]
From LSCR Volume 18, Issue 7
        Plaintiff was the executive director of the Section 8 Housing Program for the Broussard Housing Authority (BHA). By contract, she was employed for 4 yea... view full summary
37.Terminated plaintiff not entitled to profit sharing.
Mark H. Foshee v. Georgia Gulf Chemicals & Vinyls, L.L.C., 2009-C-2477 (La. 07/06/10) [17 pp.]
From LSCR Volume 18, Issue 7
          Plaintiff filed suit against defendant seeking to recover certain profit sharing distributions denied him after he was terminated, as well a... view full summary
38.Bankruptcy discharge of unpaid rent does not prevent eviction of public housing tenant. HANO v. Tony Eason, 2009-C-992
(La. 6/26/09) [5 pp.]
From LSCR Volume 17, Issue 6
          Defendant Tony Eason (Eason), leased an apartment from the Housing Authority of New Orleans (HANO), but was periodically delinquent in payin... view full summary
39.Error to apply "minority discount" to minority partnership interest.
Kenneth Cannon v. Lenard Bertrand, 2008-C-1073 (La. 1/21/09) [8 pp.]
From LSCR Volume 17, Issue 2
          Plaintiff Cannon and defendants Bertrand and Leger, created LBC, L.L.P. (LBC), a limited liability partnership, by written agreement, with e... view full summary
40.Allegation of theft in order to terminate contract is unfair trade practice.
Miller v. ConAgra, 08-C-0021 (La. 9/8/06) [19 pp.]
From LSCR Volume 16, Issue 9
          In 1993, plaintiff Gary L. Miller entered into a "Broiler Production Agreement" with ConAgra, Inc., under the terms of which ConAgra would f... view full summary
41.Manufacturer of mobile home liable in redhibition for bad faith damages.
Aucoin v. Southern Quality Homes, 07-C-1014 (La. 2/26/08) [25 pp.]
From LSCR Volume 16, Issue 3
          Plaintiffs the Aucoins purchased a mobile home and land from Southern Quality Homes ("seller") in July, 2001 for $96,980.00. The mobile home... view full summary
42.For a suit to be on "open account," it is not necessary to have multiple transactions.
Frey Plumbing Co. v. Celeste Foster 07-CC-1091 (La. 2/26/08) [7 pp.]
From LSCR Volume 16, Issue 3
          Defendant Celeste Foster hired Frey Plumbing, Inc. ("Frey") to repair an underground pipe at her residence. Frey issued an invoice in the am... view full summary
43.Article 9 security interest lost after collateral was brought to Louisiana.
First National Bank of Picayune v. Pearl River Fabricators, 06-CC-2195 (La. 11/16/07) [30 pp.]
From LSCR Volume 15, Issue 11
          Defendant Pearl River Fabricators, a corporation in Picayune, Mississippi, borrowed $200,000 from the First National Bank of Picayune (FNB) ... view full summary
44.Funeral services insurance policy construed.
Helen C. Sims v. Mulhearn Funeral Home, 07-CA-0054 (La. 5/22/07) [24 pp.]
From LSCR Volume 15, Issue 6
          This is an action on a funeral services life insurance policy. Claude Sims purchased two industrial life insurance policies from Mulhearn Pr... view full summary
45.Bond-for-deed transaction activates due-on-sale clause.
Jeffrey S. Levine v. First National Bank of Commerce, 06-C-0394 c/w 06-C-0439 (La. 12/15/06) [23 pp.]
From LSCR Volume 15, Issue 1
          Plaintiff Levine purchased a home at Gretna, Louisiana, in 1996, granting a mortgage on the property to First National Bank of Commerce ("Ba... view full summary
46.Stipulations pour autrui construed; distinguishing prior precedent.
Dr. Willie John Joseph v. Hospital Service District No. 2, 05-C-2364 (La. 10/17/06) [15 pp.]
From LSCR Volume 14, Issue 10
          Plaintiffs St. Mary Anesthesia Associates, Inc. (SMAA), and two employees/shareholders of SMAA, Drs. Joseph and Brumfield, filed suit to rec... view full summary
47.Waivable building restrictions are enforceable immovable property rights.
Wayne Cosby v. Holcomb Trucking, 2005-C-0470 (La. 9/6/06) [22 pp.]
From LSCR Volume 14, Issue 9
          Plaintiffs, property owners in Wedgewood Acres Subdivision filed this suit to enforce building restrictions prohibiting commercial activitie... view full summary
48.Client's refusal to execute a settlement does not entitle lawyer to a contingent fee.
Culpepper & Carroll, PLLC v. Cole, 05-C-1136 (La. 4/4/06) [6 pp.]
From LSCR Volume 14, Issue 4
          Plaintiff law firm filed this suit to recover attorney's fees. Defendant Cole retained attorney Culpepper of the firm of Culpepper & Carroll... view full summary
49.Builder need not comply with notice requirement of New Home Warranty Act.
Carter v. Glen Duhe, 2005-CC-0390 (La. 1/19/06) [15 pp.]
From LSCR Volume 14, Issue 2
          In 1998, plaintiffs the Carters entered into a contract with defendant Duhe for the construction of a new home on property already owned by ... view full summary
50.Arbitration clause not adhesionary.
Aguillard v. Auction Management Corp., 2004-C-2804 (La. 6/29/05) []
From LSCR Volume 14, Issue 1
          Defendant, Gilmore Auction & Realty Company ("Gilmore Realty"), a Louisiana auctioneer, conducted a public auction of immovable property loc... view full summary
51.Mineral lessee not liable for restoration of wetlands.
Terrebonne Parish Sch. Bd. v. Castex Energy, 2004-C-0968 (La. 1/19/05) [32 pp.]
From LSCR Volume 13, Issue 1
          Plaintiff lessor filed this suit to compel an oil and gas lessee to restore wetlands after the termination of a lease. In 1963, after compet... view full summary
52.Medical school liable for failure to recommend resident for board examination.
Driscoll v. Stucker, 2004-C-0589 (La. 01/09/05) [31 pp.]
From LSCR Volume 13, Issue 1
          When plaintiff, Dr. Peter V. Driscoll, entered the otolaryngology residency program at Louisiana State University Health Sciences Center (LS... view full summary
53."Credit agreement" statute of frauds protects bank employees, but not real estate appraiser.
King v. Parish Nat. Bank, 2004-C-0337 (La. 10/19/04) [17 pp.]
From LSCR Volume 12, Issue 10
          Plaintiff King filed this suit to recover damages against his lender, Parish National Bank ("PNB"). In 1990, King consolidated loans on vari... view full summary
54.Public bid requirements are strictly construed; injunction granted.
Broadmoor, L.L.C. v. Ernest J. Morial New Orleans Exhibition Hall Authority, 2004-CC-0211 c/w 2004-CC- 0212 (La. 03/18/04) [32 pp.]
From LSCR Volume 12, Issue 4
          This is a suit to enjoin the award of a public construction contract. After it invited bids on Phase IV of the New Orleans Convention Center... view full summary
55.Act of sale in full ownership transferred only a servitude, where corporate resolution only authorized a servitude.
Abshire v. Vermillion Parish Sch. Bd., 02-C-2881 (La. 6/27/03) [ pp.]
From LSCR Volume 11, Issue 8
          Plaintiff property owners filed this suit against the Vermillion Parish School Board ("Board") for a declaratory judgment that they are the ... view full summary
56.Majority-owner timber sale statute constitutional.
Allain v. Martco Partnership, 2002-CA-1796 (La. 5/23/03) [15 pp.]
From LSCR Volume 11, Issue 6
          Plaintiffs are 17% undivided owners of a tract of timberland. The 83% owners contracted with defendant Martco to sell the timber interests i... view full summary
57.Debtor liable despite third-party forgery, where the debtor failed to notify the bank.
Parish National Bank v. Norm an D. Ott, 2002-C -1562 (La. 2/25/03) [11 pp.]
From LSCR Volume 11, Issue 3
          Defendan ts Dr. Ott and his wife were extended a $100,000 revolving line of credit for their real estate purchase and renovation business, C... view full summary
58.Damages for breach of oil lease not limited to value of the property polluted.
William G. Corbello v. Iowa Production, Shell Oil Co., 2002-C-0826 (La. 2/2 5/03) [38 pp.]
From LSCR Volume 11, Issue 3
          Plaintiffs filed suit against Shell Oil Comp any to recover damages for breach of a lease. Plaintiffs' predecessors in interest had granted ... view full summary
59.Parol evidence inadmissible to interpret written notice sent pursuant to a written contract.
E. R. Campbell, III v. Harold Keith Melton, 01-C-2578 (La. 5/14/02) [16 pp.]
From LSCR Volume 10, Issue 5
Purchaser and seller entered into an agreement for the sale of a house. The seller eliminated the standard inspection clause; and instead the mutual agent for the two parties inserted an "additional ... view full summary
60.Debtor entitled to extinguish debt for the amount paid by plaintiff-assignee.
Luk-Shop, L.L.C. v. Riverwood Laplace Assoc., L.L.C., 01-CC-2446 (La. 1/15/02) [3 pp.]
From LSCR Volume 10, Issue 1
          Creditor CFSC filed suit in federal court against debtor Riverwood to collect amounts due under promissory notes and guaranty agreements, an... view full summary
61.Forum selection clause in admiralty contract invalid.
Sawicki v. K/S Stavanger Prince, 01-C-0528 (La. 12/7/01) [13 pp.]
From LSCR Volume 9, Issue 12
          Plaintiff seaman filed suit in a Louisiana district court against his employer for damages he suffered while working on board ship. Plaintif... view full summary
62.Court enforces forum selection clause in Louisiana insurance policy selecting New York as venue for suit on policy.
Creekstone Juban, I, LLC v. XL Insurance America, Inc., 2018-CC-0748 (La. 05/08/2019) [24 pp.]
From LSCR Volume 5, Issue 27
     Plaintiff, a Delaware limited liability company, owned the Juban Crossing shopping mall in Livingston Parish, property consisting of high-end multi-use facilities for reta... view full summary
63.Defendants not entitled to summary judgment based on res judicata effect of release signed by Jones Act seaman.
Jordain Brasseaux v. Moncla Marine Operations, LLC, 2019-CC-0477 (La. 05/20/2019) [1 p.]
From LSCR Volume 5, Issue 27
     Plaintiff asserted claims as a Jones Act seaman, and defendants moved for summary judgment based on the res judicata effect of a settlement and release. The... view full summary