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Showing results for LSCR volume 10 LSCR issue 3
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INSURANCE

1.Sole proprietorship is not a "separate" owner of sole proprietor's "business" vehicle.
Robinson v. Heard, et al., 01-C-1697 (La. 2/26/02) [6 pp.]
From LSCR Volume 10, Issue 3
Plaintiff was injured in an automobile collision while driving his personal vehicle. He sued his own automobile liability insurer, Imperial, for UM coverage. The insurance policy for the personal veh... view full summary
CIVIL PROCEDURE

2.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
3.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
4.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
5.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
WORKERS' COMPENSATION

6.Hearing officer not empowered to order employer to replace case manager.
Martin v. Davison Transport, Inc., 01-C-3143 (La. 2/22/02) [3 pp.]
From LSCR Volume 10, Issue 3
Worker's compensation claimant filed a claim with the OWC alleging that his former employer had interfered with his medical care; had refused to consent to medical needs, such as a wheelchair; and ha... view full summary
7.Unjustified demotion not a compensable "mental/mental" injury under LWCA.
Partin v. Merchants and Farmers Bank, 01-C-1560 (La. 3/15/02) [16 pp.]
From LSCR Volume 10, Issue 3
Claimant bank manger was demoted for failure to note a $5.00 discrepancy between a teller and a vault teller. Her thirteen-year employment record otherwise contained indications of satisfactory perfo... view full summary
BAR / DISCIPLINARY / ETHICS

8.Court declines to apply permanent disbarment rule, pretermits retroactivity issue.
In re: Leonard O. Parker, Jr., 00-B-3532 (La. 3/15/02) [10 pp.]
From LSCR Volume 10, Issue 3
In this case and in two companion cases, In re: Gros, 98-B-0772, and In re: Patrick, 01-B-1419, the respondent attorney was already disbarred when the current charges of failure to return an unearned... view full summary
ADMINISTRATIVE

9.Chain of custody of urine sample upheld.
Arriola v. Orleans Parish Sch. Bd., 01-C-1878 (La. 2/26/02) [16 pp.]
From LSCR Volume 10, Issue 3
Plaintiff petitioned for review of his termination as a school teacher. The school board terminated plaintiff after a urine sample tested positive for cocaine. At the administrative hearing, the Supe... view full summary
10.Public Service Commission can set pilotage rates despite shipping industry commissioner walk-out.
CITGO v. La. Public Service Comm'n, 01-CA-1902 c/w 01-CA-1904 [13 pp.]
From LSCR Volume 10, Issue 3
The tariffs for pilotage in the Lake Charles area are set by the Lake Charles Pilots, Inc. Fee Commission, composed of four pilots and four shipping industry representatives, who are to set fees by m... view full summary
CRIMINAL

11.Triple murderer death sentence affirmed.
State v. LaCaze, 99-KA-0584 (La. 1/25/02) [36 pp.]
From LSCR Volume 10, Issue 3
Defendant LaCaze was the accomplice of former New Orleans Police Officer Antoinette Frank, and was convicted of first-degree murder for a triple murder in a restaurant. Defendant argued ineffective a... view full summary
12."Special familiarity" of anonymous tip justifies police stop; all subsequently-obtained evidence admissible.
State v. Fedison, et al., 01-KK-2736 (La. 2/8/02) [2 pp.]
From LSCR Volume 10, Issue 3
Defendants were charged with conspiracy to distribute narcotics. Police received information from a confidential informant that defendant Fedison would be traveling at a certain place, at a certain t... view full summary
13."Cornering" suspect on a front porch not a warrantless stop or imminent stop.
State v. Jackson, 00-K-3083 (La. 3/15/02) [4 pp.]
From LSCR Volume 10, Issue 3
Defendant was identified by a confidential informant as selling cocaine at a certain place and time. Police officers in an unmarked car drove to the location, saw defendant, and approached by car. De... view full summary
14.Officer's entry of front porch not a Fourth Amendment violation.
State v. Brisban, 00-K-3437 (La. 2/26/02) [13 pp.]
From LSCR Volume 10, Issue 3
Defendant was convicted of attempted possession of cocaine. The arresting officer was next door at a guest house, when he noticed that the front porches of the neighboring houses were empty. He knew ... view full summary
15."Habitual offender" convictions can be proved by any competent evidence.
State v. Payton, 00-K-2899 (La. 3/15/02) [10 pp.]
From LSCR Volume 10, Issue 3
Defendant was convicted of two counts of armed robbery, whereupon the state filed a multiple bill of information against defendant as a third-felony habitual offender. At the multiple bill hearing, t... view full summary
16.Discovery violation by the state not prejudicial.
State v. Harris, 00-K-3459 (La. 2/26/02) [13 pp.]
From LSCR Volume 10, Issue 3
Defendant was convicted of manslaughter in the shooting death of his girlfriend. At trial, the state presented the testimony of a witness to the effect that defendant had stated, prior to the shootin... view full summary
17.Defendant need not be advised of possible deportation, a "collateral consequence" of pleading guilty.
State v. Montalban, 2000-KP-2739 (La. 2/26/02) [6 pp.]
From LSCR Volume 10, Issue 3
Defendant, a citizen of Cost Rica, pled guilty to aggravated criminal damage to property, and received a suspended three-year sentence, and three years probation. He subsequently discovered that his ... view full summary