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Showing results for LSCR volume 10 LSCR issue 12
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INSURANCE

1.Insurer who participated in settlement precluded from using it as coverage defense.
Rollins v. Richardson, 2002-C-0556 (La. 12/4/02) [6 pp.]
From LSCR Volume 10, Issue 12
Plaintiff filed suit on behalf of her minor child after she allegedly contracted mediastinal fibrosis as a result of the refuse stored on her neighbors' property. The neighbors filed a third-party de... view full summary
CIVIL PROCEDURE

2.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
3.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
STATE AND LOCAL GOVERNMENT

4.Unwritten practice contrary to civil service rules not a vested property right.
Lafleur v. City of New Orleans, 2001-C-3224 (La. 12/4/02) [11 pp.]
From LSCR Volume 10, Issue 12
Plaintiffs, New Orleans police officers, filed suit against the City of New Orleans seeking compensation for sick leave that was accrued but unused as of the date of their retirement. Allegedly, the ... view full summary
EMPLOYMENT

5."Use it or lose it" vacation policy held valid.
Wyatt v. Avoyelles Parish Sch. Bd., 2001-C-3180 (La. 12/4/02) [17 pp.]
From LSCR Volume 10, Issue 12
Plaintiffs were former employees of defendant school board who retired and were not compensated for vacation days that they had not used during their tenure. The board had a "use it or lose it" polic... view full summary
WORKERS' COMPENSATION

6.Fraudulent mileage claim forfeits all worker's compensation benefits.
St. Bernard Parish Police Jury v. Duplessis, 02-C-0632 (La. 12/4/02) [9 pp.]
From LSCR Volume 10, Issue 12
Worker's compensation claimant was found to have fraudulently inflated mileage incurred for medical treatment, which he submitted to his worker's compensation payor for reimbursement. The payor moved... view full summary
DOMESTIC RELATIONS

7.Adjudication of a child to be "in need of care" sufficient to terminate parental rights to subsequent children.
State in the Interest of L.B. v. G.B.B., 2002-CJ-1715 (La. 12/4/02) [13 pp.]
From LSCR Volume 10, Issue 12
The Office of Community Services brought this action to terminate the parental rights of G.B.B. to her infant child, L.B. G.B.B. is schizophrenic and bipolar. Two of her children are in custody of th... view full summary
CRIMINAL

8.Pervasive child abuse sufficient to prove specific intent; capital sentence affirmed.
State v. Wright, 01-KA-0322 (La. 12/4/02) [27 pp.]
From LSCR Volume 10, Issue 12
Defendant was convicted and sentenced to death for first-degree murder. Defendant's girlfriend's six- year-old daughter collapsed in a Dairy Queen, lapsed into a coma, and died. The victim's body was... view full summary
9.Defendant's request for a lawyer before she was questioned insufficient to invoke 6th Amendment right to counsel.
State v. Payne, 2001-KK-3196 (La. 12/4/02) [16 pp.]
From LSCR Volume 10, Issue 12
Defendant was questioned in connection with the child abuse death of her foster child. Police received consent to search her home. Both defendant and her friend, Ms. Davis, testified that defendant h... view full summary
10.No particular crime need be established in affidavit in support of search warrant.
State v. Green, 2002-KK-1022 (La. 12/4/02) [11 pp.]
From LSCR Volume 10, Issue 12
The four-year-old son of defendants was admitted to the hospital with second- and third-degree burns over 50% of his body. Investigating officers took a Mirandized statement from the parents in which... view full summary
11.Supervisory writ granted: Prior bad acts admissible to show felonious intent.
State v. Morris, 02-KK-1778 (La. 12/4/02) [1 p.]
From LSCR Volume 10, Issue 12
Writ granted. "[T]he ruling of the trial court on the state's notice of intent to introduce evidence of defendant's acts of violence and threats against the victim, both during and after their relati... view full summary
BAR / DISCIPLINARY / ETHICS

12.Lawyer permanently disbarred; discipline increased ex proprio motu.
In re: Morphis, 2001-B-2803 (La. 12/4/02) [10 pp.]
From LSCR Volume 10, Issue 12
Respondent attorney was found, inter alia, to have (1) overdrawn his client trust account and converted to his own use approximately $800,000.00 of the trust funds; (2) negotiated settlements worth $... view full summary