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Showing results for LSCR volume 11 LSCR issue 12
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INSURANCE

1.Penalties may be imposed against insurer without actual damages; resolving a split in the circuits.
The Sultana Corp. d/b/a Hannon Jewelers v. Jewelers Mut. Ins. Co., 03-C-0360 (La. 12/3/03) [10 pp.]
From LSCR Volume 11, Issue 12
          The Sultana Corporation d/b/a Hannon Jewelers (Sultana) sued its insurer, Jewelers Mutual Insurance Company (Jewelers), over an issue of ins... view full summary
TORTS

2.Loss of consortium damages for wrongful death unavailable for pre- 1982 asbestos exposure.
Landry v. Avondale Industries, 2003-CC-0719 (La. 12/3/03) [15 pp.]
From LSCR Volume 11, Issue 12
          Plaintiff's decedent was exposed to work-related asbestos from 1959 to 1974. In January, 2002, he was diagnosed with mesothelioma, from whic... view full summary
DOMESTIC RELATIONS

3.Disavowal action prescribed; presumptive father not entitled to reimbursement of support payments.
Gallo v. Gallo, 2003-C-0794 (La. 12/03/03) [19 pp.]
From LSCR Volume 11, Issue 12
          Michael and Brenda Gallo were married in 1978, separated in 1991, and divorced in 1992. Their youngest child, M.L.G., was born in 1985. Afte... view full summary
CRIMINAL

4.Defense counsel who had previously represented the arresting officer had unwaivable conflict; capital conviction reversed.
State v. Thomas F. Cisco, Jr., 2001-KA-2732 (La.12/03/03) [26 pp.]
From LSCR Volume 11, Issue 12
          Defendant Cisco appeals his conviction of murder and sentence of death. One year after three people were killed in an armed robbery of a con... view full summary
5.Incomplete trial transcript not prejudicial where trial was a swearing match.
State v. Boatner, 03-K-0485 (La. 12/3/03) [11 pp.]
From LSCR Volume 11, Issue 12
          Defendant was convicted by a jury of second-degree murder in a shooting outside a bar. Two eyewitnesses testified at trial that the defendan... view full summary
6.Court of appeal erred in reversing sentence as excessive.
State v. Taves, 2003-K-1518 (La. 12/3/03) [8 pp.]
From LSCR Volume 11, Issue 12
          Defendant appeals his conviction of false imprisonment and second degree kidnapping, as a result of a month-long incident in February, 2000.... view full summary
7.Specific intent can be formed in an instant; capital conviction affirmed.
State v. Legrand, 2002-KA-1462 (La.12/03/03) [28 pp.]
From LSCR Volume 11, Issue 12
          Defendant Legrand was 26 years old in May, 1999, when he stabbed an acquaintance over 25 times with a variety of utensils, including knives,... view full summary