| TORTS
|
| 1. | Expert witnesses not immune from malpractice liability to their litigant-clients.
Marrogi v. Howard, 2001-CQ-1106 (La. 1/15/02) [24 pp.]
From LSCR Volume 10, Issue 1 This is a certified question from the U.S. Court of Appeals for the Fifth Circuit: "Under Louisiana law, does witness immunity bar a claim a... view full summary |
| 2. | Seat belt nonuse not admissible to show comparative fault in any lawsuit, but may be admissible to show automobile crashworthiness.
Rougeau v. Hyundai Motor America, et al., 01-CC-1182 (La. 1/15/02) [17 pp.]
From LSCR Volume 10, Issue 1 Plaintiff filed this suit to recover damages for personal injuries she suffered when her car veered without warning into a utility pole.... view full summary |
| 3. | Emergency personnel liable only for gross negligence when engaged in certain activities.
Lenard v. Dilley, 01-CC-1522 (La. 1/15/02) [8 pp.]
From LSCR Volume 10, Issue 1 Plaintiff's decedent was killed when the car she was driving struck an ambulance that was parked partially in the left lane of traffic while... view full summary |
| CONTRACTS
|
| 4. | 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 |
| INSURANCE
|
| 5. | Policy not ambiguous merely because the declarations page is modified by exemptions from coverage.
Succession of Fannaly v. Lafayette Ins. Co., 01-C-1144 (La. 1/15/02) [9 pp.]
From LSCR Volume 10, Issue 1 Defendant insurer appeals judgment for plaintiffs in a declaratory action for automobile liability coverage. Plaintiffs and their decedents ... view full summary |
| CONSTITUTIONAL LAW
|
| 6. | Lifetime fishing ban for commercial fisheries violations not unconstitutional.
State v. Weaver, et al., 01-KA-0467 (La. 1/15/02) [14 pp.]
From LSCR Volume 10, Issue 1 Defendants were charged with commercial harvesting of mullet using more than one net, too large a net, and/or at a prohibited time, all in v... view full summary |
| WORKERS' COMPENSATION
|
| 7. | In-house beautician not an employee of nursing home.
Hillman v. Comm-Care, Inc., et al., 01-C-1140 (La. 1/15/02) [14 pp.]
From LSCR Volume 10, Issue 1 Worker's compensation claimant was working part-time as the in-house beautician for a nursing home, when she hurt her back lifting a nursing... view full summary |
| DOMESTIC RELATIONS
|
| 8. | Juvenile court may not order a specific placement of a foster child in the state's custody.
State in the Interest of L.C.B., 01-CJ-2441 (La. 1/15/02) [11 pp.]
From LSCR Volume 10, Issue 1 L.C.B. is a minor child who was adjudicated to be "in need of care" and was removed from his parents and placed in the permanent custody of ... view full summary |
| CRIMINAL
|
| 9. | State expert permitted to testify that the "purpose" of a gunshot was to cause death.
State v. Irish, 00-KA-2086 (La. 1/15/02) [14 pp.]
From LSCR Volume 10, Issue 1 Defendant was convicted of first-degree murder of his landlord during an armed robbery of the landlord, was sentenced to death, and filed a ... view full summary |
| 10. | Defendant's confession to probation officer admissible.
State v. Maise, 2000-K-1158 (La. 1/15/02) [19 pp.]
From LSCR Volume 10, Issue 1 Defendant appeals his conviction of aggravated rape of his six-year-old cousin, C.M. The victim testified that defendant had anally penetrat... view full summary |
| 11. | Shooter's specific intent not imputable to nonshooter in murder case.
State v. Bridgewater, 00-KA-1529 (La. 1/15/02) [37 pp.]
From LSCR Volume 10, Issue 1 Defendant appeals his conviction of first-degree murder. Defendant and an accomplice entered the victims' house for the purpose of committin... view full summary |
| 12. | Conviction not necessary for the court to find criminal conduct in violation of probation.
State v. Dorest, 01-KP-0581 (La. 1/15/02) [1 p.]
From LSCR Volume 10, Issue 1 Defendant's probation was revoked when the district court found that he had committed a misdemeanor. The court of appeal reversed, on the gr... view full summary |