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TORTS

1.Voc rehab counselor not immune from tort suit under WCA.
Brown v. Adair, 2002-C-2028 (La. 4/9/03) [8 pp.]
From LSCR Volume 11, Issue 4
          Plaintiff Brown was injured on the job as a sous chef at a restaurant, and received worker's compensation disability and medical benefits. T... view full summary
MEDICAL MALPRACTICE

2.Settlement by Med Mal defendant, without its insurer, does not establish liability of PCF.
Ginn v. Woman's Hosp. Foundation, 02-C-1913 (La. 4/9 /03) [13 pp.]
From LSCR Volume 11, Issue 4
          Plaintiff filed suit to recover damages for personal injuries she suffered when she allegedly received a blood transfusion from defendant Ho... view full summary
CIVIL PROCEDURE

3.Nullification of testament not res adjudicata as to damages claim against administratrix.
Burguieres v. Po llingue, 2002-CC-1385 (La. 2/2 5/03) [13 pp.]
From LSCR Volume 11, Issue 4
          Plaintiffs were heirs of a succession who had previously filed suit against the administratrix, Mrs. Pollingue, to nullify the probated test... view full summary
4.Defendants' violation of TRO not an act of contempt.
Dauphine v. Carencro H igh School, 2002-C C-2005 (La. 4/2 1/00) [17 pp.]
From LSCR Volume 11, Issue 4
          Plaintiff was a high school student who was inform ed three days before graduation that he would not graduate, due to his failure of Algebra... view full summary
5.Court of appeal erred in not rehearing case before a five-judge panel.
Bailey v. Kh oury, 03-C C-0165 (La. 4/4 /03) [2 pp.]
From LSCR Volume 11, Issue 4
          Defendan ts applied for supervisory review of an adverse judgment, and the judgment was reversed, with one judge dissenting. The court of ap... view full summary
6.Limitations period for Board of Ethics suit prescriptive, not peremptive.
State Board of E thics v. O urso, 2002-C-1978 (La. 4/9/03) [10 pp.]
From LSCR Volume 11, Issue 4
          Defendant judicial candidate filed, no later than N ovember 19, 19 98, campaign disclosure statements which, the Board of Ethics claimed, di... view full summary
STATE AND LOCAL GOVERNMENT

7.Denial of civil service promotion to black officer not improper.
Mo ore v. W are, W est Monroe Fire and Police, 01-C-3341 (La. 2/2 5/03) [17 pp.]
From LSCR Volume 11, Issue 4
          Plaintiff appeals the denial of the Civil Service Board ("Board") of West Monroe Parish to order him promoted to sergeant. Plaintiff was a b... view full summary
8."Nonrenewal" of teacher's contract is the equivalent of discharge.
Palm er v. State Bd. Elem . & Second. Ed., 2002 -C-2043 (La. 4/9/03) [12 pp.]
From LSCR Volume 11, Issue 4
          Plaintiff Palmer was employed by the Special School District # 1 ("SSD") as a probationary special education teacher for the 1998-1999 and 1... view full summary
9.Video poker gaming revenues construed.
Louisiana Horsemen's Benev. and Prot. Ass'n v. F air Grounds Corp., 200 2-C-1928 (La. 4/9/03) [6 pp.]
From LSCR Volume 11, Issue 4
          Plaintiff racehorse association ("Association") filed suit on behalf of its members against certain horse racing tracks ("Tracks"), alleging... view full summary
WORKERS' COMPENSATION

10."Two contracts" defense contains no temporal requirement, resolving a split in the circuits.
Allen v. State, E rnest N. Morial - New Orleans Exhibition H all Auth., 02-C -1072 (La. 4/9/03) [16 pp.]
From LSCR Volume 11, Issue 4
          Defendant Convention Hall had a longstanding contract with Aramark to provide catering services for conventions. During a convention of ACE ... view full summary
11.Prescriptive period for claim for SEB is three years after payment of any indemnity; resolving a split in the circuits.
Durfresne v. Video Co-op, 2002-C -1147 (La. 4/9/03) [19 pp.]
From LSCR Volume 11, Issue 4
          Claimant was seriously injured on the job, received temporary total disability ("TTD") benefits for the next four months, and then received ... view full summary
DOMESTIC RELATIONS

12.Louisiana court should decline child custody jurisdiction if another state has already exercised it.
Layton v. Newell, 03-CC-0229 (La. 4/4 /03) [3 pp.]
From LSCR Volume 11, Issue 4
          Plaintiff Layton filed this suit seeking custody of her minor son, D.S.N. Layton and her ex-husband Newell were married in Ohio, had D.S.N.,... view full summary
CRIMINAL

13.Cutting off cross-examination of victim regarding drug plea held reversible error.
State v. Willia ms, 2002-K-1406 (La. 4/9/03) [9 pp.]
From LSCR Volume 11, Issue 4
          Defendant was identified as one of three men who invaded the trailer homes of victim Ancar and his sister, demanded drugs and money, and the... view full summary
14.Felon's failure to divest himself of weapon in borrowed car supports possession conviction.
State v. Dab ney, 2002-K-0934 (La. 4/9 /03) [7 pp.]
From LSCR Volume 11, Issue 4
          Defendan t, a previously-convicted felon, was convicted of possession of a firearm by a convicted felon, and possession of a firearm while i... view full summary
15.Where probable cause exists for holding an automobile to apply for a warrant, an immediate, warrantless search is justified.
State v. Thompson, 02-K-0333 (La. 4/9 /03) [11 pp.]
From LSCR Volume 11, Issue 4
          Police received a tip from an untested confidential informant that defendant was dealing illegal drugs at a house. The informant provided a ... view full summary
16.Quashing of multiple offender bill on ground of delay reversed.
State v. Toney, 02-K-0992 (La. 4/9 /03) [7 pp.]
From LSCR Volume 11, Issue 4
          Defendant was convicted of possession of cocaine with intent to distribute; and on the same day, the state filed a multiple offender bill ch... view full summary
17.Sex offenders must register; no waiver allowed.
State v. Patin, 2002-K-1126 (La. 4/9/03) [6 pp.]
From LSCR Volume 11, Issue 4
          Defendant was convicted of carnal knowledge of a juvenile, and petitioned the court for relief from the registration and notification requir... view full summary