| TORTS
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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 |