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1."Special mission" confers "portal-to-portal" comp coverage; establishing controlling precedent.
McLin v. Industrial Specialty Contractors, 2002-C-1539 (La. 7/2/03) [11 pp.]
From LSCR Volume 11, Issue 7
          Claimant was sent by his employer, ISC, from ISC's location in Geismar, Louisiana, to a safety seminar in Baton Rouge. He normally drove to ... view full summary
2.On rehearing: environmental plaintiffs' damages proved by preponderance of evidence.
William G. Corbello v. Iowa Production, Shell Oil Co., 2002-C-2826 (La. 6/20/03), on reh'g [5 pp.]
From LSCR Volume 11, Issue 7
          In the Court's original opinion in this case (reported in March, 2003 LSCR), the Court held that defendant Shell Oil Company's liability for... view full summary

3.Blood transfusion strict liability cases are subject to three-year peremption period; overruling recent precedent.
Rocky Wayne David v. Our Lady of The Lake Hospital, 2002-CC-2675 (La. 7/2/03) []
From LSCR Volume 11, Issue 7
          This is the third time in three and one-half years that the Court has modified its holding on this issue. Plaintiff Davis received blood tra... view full summary
4.Third-party fault, damages, and interest under the MMA construed.
Barbara Hall v. Brookshire Brothers, 2002-C-2404 (La. 6/2703) [28 pp.]
From LSCR Volume 11, Issue 7
          This case addresses three critical issues in medical malpractice: (1) the propriety of quantifying victim and third-party fault in suits aga... view full summary

5.Coverage for "relatives" does not include foster children.
Cadwallader v. Allstate Ins. Co., 2002-C-1637 (La. 6/27/03) [11 pp.]
From LSCR Volume 11, Issue 7
          Plaintiffs, M.S., N.A., and O.P., foster children of Dinnah Ruffin, were involved in a motor vehicle accident while guest passengers in a ve... view full summary

6.District court has original jurisdiction of challenge to constitutionality of tax statute.
ANR Pipeline Co. v. La. Tax Comm'n, 2002-C-1479 (La. 7/2/03) [13 pp.]
From LSCR Volume 11, Issue 7
          The plaintiffs are five interstate pipeline companies providing gas transportation, storage, and balancing services to customers in Louisian... view full summary

7.Re-employment by the state not a "retirement benefit."
Gregg Smith, et al. v. Bd. of Trustees of La. State Employees' Retirement System, 2002-CA-2161 (La. 6/27/03) [31pp.]
From LSCR Volume 11, Issue 7
          Plaintiffs are employees of the Department of Corrections who filed this suit to enjoin the enforcement of a statute that retrospectively st... view full summary
8.Tenured teacher dismissed for violating unwritten policy.
Wise v. Bossier Parish Sch. Bd., 2002-C-1525 (La. 6/27/03) [13 pp.]
From LSCR Volume 11, Issue 7
          Plaintiff Wise was a tenured teacher in the public school system who was dismissed, and petitioned for review of that decision. The charge a... view full summary

9.No implied dedication of private property to the public, despite public use of the land for 60 years.
Cenac v. Public Access Water Rights Association, 2002-C-2660 (La. 6/27/03) [28 pp.]
From LSCR Volume 11, Issue 7
          Plaintiff Cenac on April 4, 2000 acquired a boat launch and the adjacent portion of a canal connecting Bayou Lafourche and Bayou Des Alleman... view full summary

10.Medical report constitutes "expert testimony" for establishing occupational disease.
Fite v. Louisiana Title Co., 2002-C-2607 (6/27/03) [3 pp.]
From LSCR Volume 11, Issue 7
          Claimant's award for worker's compensation for an occupational disease was overturned by the Second Circuit, on the grounds that (1) no expe... view full summary

11.Misrepresentations to court about scheduling conflict merit two-year suspension.
In re: Bailey, 03-B-0839 (La. 6/6/03) [12 pp.]
From LSCR Volume 11, Issue 7
          Count 1: Respondent was representing the plaintiff in Matthews v. Creswell, 19th J.D.C. The defendants' exception of prescription was set fo... view full summary

12.Municipal convictions available for impeachment; overruling controlling precedent.
State v. Tolbert, 2003-KK-0330 (La. 6/27/03) [10 pp.]
From LSCR Volume 11, Issue 7
          Defendant, a New Orleans police officer, was charged with aggravated crime against nature, for allegedly stopping defendant on the street, d... view full summary
13.Flawed random allotment procedure not reversible error.
State v. Broussard, 2003-KK-1340 (La. 6/26/03) [2 pp.]
From LSCR Volume 11, Issue 7
          Defendant's capital case was assigned to his judge by random allotment, under which capital cases were assigned randomly, one to each judge,... view full summary
14.Capital sentence affirmed.
State v. Sedwric E. Clark, 2002-KA-1463(La.6/27/02) [90 pp.]
From LSCR Volume 11, Issue 7
          Defendant appeals his conviction and sentence of death. In early morning February 13,2000, defendant Clark stabbed to death with a kitchen k... view full summary