Archive of LSCR Articles
Showing results for LSCR volume 12 LSCR issue 1 | Jump to a direct Volume/Issue
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| DOMESTIC RELATIONS
| | 1. | Only preponderance of evidence required to rebut community presumption;
overruling controlling precedent. Talbot v. Talbot, 03-C-0814 (La. 12/12/03) [26 pp.]
From LSCR Volume 12, Issue 1 Bernice and Byron Talbot were married in 1974 and divorced in 1997. During the community partition proceedings, Bernice claimed separate own... view full summary | | 2. | Life insurance proceeds not community property; overruling controlling precedent.
Fowler v. Fowler, 03-C-0590 (La. 12/12/03) [8 pp.]
From LSCR Volume 12, Issue 1 Charles and Susan Fowler were married in 1965 and had one son. They purchased three life insurance policies on the son totaling $500,000, na... view full summary | | CIVIL PROCEDURE
| | 3. | Prescription may be raised in a motion for summary judgment.
Alcorn v. City of Baton Rouge, 03-C-2682 (La. 1/16/04) [4 pp.]
From LSCR Volume 12, Issue 1 Plaintiffs filed suit against the City seeking damages for race-based discrimination and harassment in their employment as police officers. ... view full summary | | 4. | Unconstitutionality of statute must be raised by pleading.
Unwired Telecom Corp. v. Parish of Calcasieu, Louisiana, 2003-CA-0732 (La.12/12/03) [17 pp.]
From LSCR Volume 12, Issue 1 For years, the Collector of Calcasieu Parish sales and use taxes (Collector) collected from Mercury Cellular Telephone Company (Mercury) a u... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 5. | When the entire fee is reasonable, attorney need not escrow the fee during a fee dispute.
In re: Harold D. Lucius, 03-B-2500 (La. 1/9/04) [1 p.]
From LSCR Volume 12, Issue 1 Respondent attorney was charged, inter alia, with charging an unreasonable fee and with failing to place the fee into his trust account whil... view full summary | | CRIMINAL
| | 6. | Court of appeal erred in failing to entertain out-of-time writ application.
State ex rel. Clavelle v. State of Louisiana, 2002-KH-1244 (La. 12/12/03) [2 pp.]
From LSCR Volume 12, Issue 1 Relator was unrepresented at the hearing for revocation of his probation. At the end of the hearing, the district judge informed relator tha... view full summary |
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