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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