Archive of LSCR Articles
Showing results for LSCR volume 12 LSCR issue 2 | Jump to a direct Volume/Issue
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| 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 |
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