Archive of LSCR Articles

Showing results for LSCR volume 10 LSCR issue 9
Jump to a direct Volume/Issue
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