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Showing results for LSCR volume 12 LSCR issue 11
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TORTS

1.Billion-dollar oyster verdict reversed.
Avenal v. State, Dept. of Natural Resources, 2003-C-3521 (La. 12/15/04) [46 pp.]
From LSCR Volume 12, Issue 11
          Plaintiffs filed this class action suit against the State and the Department of Natural Resources (DNR) on March 29, 1994, in the 25th Judic... view full summary
BAR / DISCIPLINARY / ETHICS

2."Padding" time sheets a disciplinary violation, even where case is not billed by time.
In re: John Lawrence, 2004-B-0019 (La. 10/19/04) [11 pp.]
From LSCR Volume 12, Issue 11
          Respondent Lawrence was associated with a Gretna law firm, and agreed to represent a personal injury client named Curtis on a contingent-fee... view full summary
INSURANCE

3."Defense Within Limits" policy construed.
Edwards v. Daugherty, 2003-C-2103 (La. 10/1/04) [39 pp.]
From LSCR Volume 12, Issue 11
          Plaintiffs filed suit against a sheriff's department and its "surplus lines" insurer, Sphere Drake, and recovered a judgment of $1.7 million... view full summary
CIVIL PROCEDURE

4.Sanction of dismissal imposed for failure to respond to discovery.
Hutchinson v. Westport Ins. Co., 04-C-1592 (La. 11/8/04) [4 pp.]
From LSCR Volume 12, Issue 11
          Plaintiff filed this suit for malpractice against defendant law firm that failed timely to file a personal injury suit on behalf of her mino... view full summary
5.Error to refer exception of prescription to the merits; supervisory writ granted.
Lewis v. Compass, 2004-CC-1666 (La. 10/29/04) [1 p.]
From LSCR Volume 12, Issue 11
          "Writ Granted. As Judge Murray notes in her dissent in the court of appeal, because the determinative facts on the prescription issue are no... view full summary
WORKERS' COMPENSATION

6.Interest does not run on penalties or attorney's fees unless prayed for.
Smith v. Quarles Drilling Co., 04-C-0179 (La. 10/29/04) [10 pp.]
From LSCR Volume 12, Issue 11
          Claimant Smith filed for worker's compensation benefits, penalties, and attorney's fees. The claim did not request judicial interest on any ... view full summary
CRIMINAL

7.Habitual offender law contains no sequential conviction requirement; overruling controlling precedent.
State v. Johnson, 2003-K-2993 (La. 10/19/04) [23 pp.]
From LSCR Volume 12, Issue 11
          Defendant appeals his conviction and sentence as a four-time habitual offender. Defendant was convicted and sentenced on the charges of arme... view full summary
8.End-user of illegal drug may also be charged with distribution to co- users.
State v. Corbett, 04-K-1124 (La. 11/15/04) [3 pp.]
From LSCR Volume 12, Issue 11
          The State appeals the quashing of an indictment for possession with intent to distribute, and second- degree murder under La.R.S. S 14:30.1(... view full summary
9.Illegal sentence reversed.
State v. Hotard, 04-KP-1092 (La. 10/15/04) [2 pp.]
From LSCR Volume 12, Issue 11
          "Because none of the statutes under which relator was convicted contains a provision prohibiting parole for the entire term, the district co... view full summary