Archive of LSCR Articles

Showing results for LSCR volume 12 LSCR issue 2
Jump to a direct Volume/Issue
TORTS

1.Dog owner's strict liability still requires showing that the dog posed an unreasonable risk of harm; establishing controlling precedent.
Pepper v. Triplet, 2003-C-0619 (La. 01/21/04) [29 pp.]
From LSCR Volume 12, Issue 2
          This is a dog bite case. Plaintiff Pepper, 30, custodian of his two minor children, lived with his parents next door to defendant Triplet an... view full summary
2.Police not liable for failure to render assistance; lower court manifestly erred.
Oubre v. Ezlaih, 2003-C-1133 (La. 2/6/04) [14 pp.]
From LSCR Volume 12, Issue 2
          Plaintiff was a taxi cab driver whose cab stalled on the Interstate at night in the rain. He had to push it into an emergency lane, where it... view full summary
3.Legal malpractice allegations not actionable in defamation.
Costello v. Hardy, 2000-C-1146 (La. 01/21/04) [30 pp.]
From LSCR Volume 12, Issue 2
          Decedent Joseph Costello, unmarried and with no children, asked his friend and longtime attorney Ashton Hardy to draft a will leaving the bu... view full summary
4.Finding of liability of DOTD not manifestly erroneous.
Henderson v. Nissan Motor Corp., 2003-C-0606 (La. 02/06/04) [14 pp.]
From LSCR Volume 12, Issue 2
          Plaintiff Henderson brought this suit against the Louisiana Department of Transportation and Development ("DOTD") to recover damages for per... view full summary
BAR / DISCIPLINARY / ETHICS

5.Judge suspended for repeated failure to recuse himself.
In re: Judge Davis, 03-O-2801 (La. 2/4/04) [22 pp.]
From LSCR Volume 12, Issue 2

          Respondent Judge Davis was elected to preside in a judicial district with only one judge, in which his father was also already on the In... view full summary
INSURANCE

6.No direct action against an insurer for excess judgment for bad faith.
Langsford v. Flattman, 2003-C-0189 (La. 1/21/04) [4 pp.]
From LSCR Volume 12, Issue 2
          Plaintiff filed suit against defendant driver to recover damages for personal injuries he suffered when defendant backed into plaintiff's tr... view full summary
CIVIL PROCEDURE

7.Lack of knowledge of discriminatory intent does not toll prescription for terminated employee.
Eastin v. Entergy Corp., 03-C-1030 (La. 2/6/04) [15 pp.]
From LSCR Volume 12, Issue 2
          Plaintiffs in this class action are all former Entergy employees who filed suit for damages for wrongful termination on the basis of age. Th... view full summary
8.Forma pauperis application meets requirement of timely paying fees only if application is timely.
Tenney v. Burlington N. & Santa Fe. R. Co., 03-C-1260 (La. 1/21/03) [6 pp.]
From LSCR Volume 12, Issue 2
          Plaintiff Tenney was involved in an automobile accident on November 9, 2000. On November 7, 2001, plaintiff submitted a petition for damages... view full summary
9.Pleadings cannot be amended to conform to the evidence, in order to supply a plea of unconstitutionality of a statute.
La. Assessors' Retirement Fund v. City of New Orleans, 2003-CA-3009 (La. 1/26/04) [6 pp.]
From LSCR Volume 12, Issue 2
          This is the fourth opinion in related cases seeking to determine the enforceability of La.R.S. SS 11:1482 and 11:82, which plaintiff Funds c... view full summary
JUVENILE

10.Juvenile proceedings open to the public.
State in the Interest of D.W., 2003-CK-2754 (La. 01/30/04) [6 pp.]
From LSCR Volume 12, Issue 2
          After D.W. was adjudicated delinquent in the district juvenile court and committed to the Jetson Correctional Center for Youth, his attorney... view full summary
STATE AND LOCAL GOVERNMENT

11.Foreign corporation subject to Louisiana franchise taxes, where business was actually managed here.
Kevin Associates, L.L.C. v. Crawford, Department of Revenue, 2003-C-0211 (La. 01/30/04) [16 pp.]
From LSCR Volume 12, Issue 2
          Yendis Properties, Inc., is a Delaware corporate subsidiary of K&B, Inc., also a Delaware corporation. Yendis was formed to hold the stock o... view full summary
CRIMINAL

12.Prior bad act admissible to show knowledge of right from wrong.
State v. Morgan, 2002-K-3196 (La. 2/21/04) [12 pp.]
From LSCR Volume 12, Issue 2
          Defendant was convicted of aggravated rape of L.C., a juvenile. During the offense, the defendant led L.C. into his house, then locked all d... view full summary