Archive of LSCR Articles
Showing results for LSCR volume 10 LSCR issue 9 | Jump to a direct Volume/Issue
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| TORTS
| | 1. | "Significant exposure" to asbestos determines date of injury for application of worker's compensation immunity.
Alfred Austin v. Abney Mills, Inc., 2001- C- 1598 (La. 9/4/02) [27 pp.]
From LSCR Volume 10, Issue 9 Plaintiff suffers from malignant pleural mesothelioma, a long-latency asbestos-related disease, which he allegedly contracted during his employment from 1955 to 1998. Plaintiff was diagnosed with mes... view full summary | | 2. | Prison guard hit during training may sue for intentional tort.
Cole v. State of Louisiana, 01-C-2123 (La. 9/4/02) [18 pp.]
From LSCR Volume 10, Issue 9 Plaintiff Cole, a prison guard in a "tactical" unit at Phelps Correctional, was involved in a training simulation at another prison, in which Cole and other tactical guards were role-playing as angry... view full summary | | CIVIL PROCEDURE
| | 3. | 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 | | STATE AND LOCAL GOVERNMENT
| | 4. | City minimum wage ordinance unconstitutional: municipal home rule trumped by general state law.
New Orleans Campaign for a Living Wage v. City of New Orleans, 02-CA-0991 (La. 9/4/02) [14 pp.]
From LSCR Volume 10, Issue 9 Plaintiffs ("Proponents") and defendants ("Opponents") filed simultaneous suits seeking to determine the respective constitutionality of City of New Orleans Ordinance No. 20376, establishing a minimu... view full summary | | CRIMINAL
| | 5. | "Partial guilty plea" article constitutional in capital case; death sentence affirmed.
State v. Louviere, 00-K-2085 (La. 9/4/02) [36 pp.]
From LSCR Volume 10, Issue 9 Defendant was convicted of first-degree murder and sentenced to death. Defendant, a sheriff's deputy, went on a criminal rampage, pulling over a motorist and raping her, then proceeding to the bank w... view full summary | | 6. | Admonishment of the jury obviates mistrial in the absence of clear prejudice.
State v. Ducre, 01-K-2778 (La. 9/13/02) [2 pp.]
From LSCR Volume 10, Issue 9 Defendant was convicted of distribution of cocaine. During trial, the arresting officer referred to the cocaine in defendant's possession as a "distribution amount." Defendant objected and moved for ... view full summary | | 7. | Notes from defendant's psychiatric evaluation not discoverable by the state.
State v. Antoinette Frank, 01-KP-2055 (La. 8/30/02) [1 p.]
From LSCR Volume 10, Issue 9 The state sought production of notes from a psychiatric evaluation of defendant, and the district court granted relief. The Court grant... view full summary | | 8. | Random reallotment article retroactive.
State v. Washington, 02-KK-2196 (La. 9/13/02) [3 pp.]
From LSCR Volume 10, Issue 9 Felony defendant moved to recuse the district judge presiding over his case, Judge Louis Daniel. The motion was allotted to a different judge of the court, Bonnie Jackson, who granted the motion, rec... view full summary | | 9. | Officer allowed to testify as to defendant's outstanding warrants.
State v. Nathaniel Payton, 02-KK-2254 (La. 9/4/02) [1 p.]
From LSCR Volume 10, Issue 9 On writ of certiorari: "Testimony of the police officers concerning the existence of outstanding attachments for defendant's arrest is admissible because it explains why the police conducted a second... view full summary |
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