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Showing results for LSCR volume 11 LSCR issue 7 | Jump to a direct Volume/Issue
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| TORTS
| | 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 | | MEDICAL MALPRACTICE
| | 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)
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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 | | INSURANCE
| | 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 | | CIVIL PROCEDURE
| | 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 | | STATE AND LOCAL GOVERNMENT
| | 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 | | PROPERTY
| | 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 | | WORKERS' COMPENSATION
| | 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 | | BAR / DISCIPLINARY / ETHICS
| | 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 | | CRIMINAL
| | 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 |
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