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TORTS

1.No liability for suicide after failed drug test.
Ramey v. Decaire, 2003-CC-1299 (La. 3/19/04) [14 pp.]
From LSCR Volume 12, Issue 4
          Plaintiff's decedent, Ramey, was a medical doctor who had a history of substance abuse. Defendant Physician's Health Foundation of Louisiana... view full summary
CONTRACTS

2.Public bid requirements are strictly construed; injunction granted.
Broadmoor, L.L.C. v. Ernest J. Morial New Orleans Exhibition Hall Authority, 2004-CC-0211 c/w 2004-CC- 0212 (La. 03/18/04) [32 pp.]
From LSCR Volume 12, Issue 4
          This is a suit to enjoin the award of a public construction contract. After it invited bids on Phase IV of the New Orleans Convention Center... view full summary
BAR / DISCIPLINARY / ETHICS

3.Failure to notarize a document personally does not merit discipline.
In re: Hartley, 03-B-2828 (La. 4/2/04) [2 pp.]
From LSCR Volume 12, Issue 4
          Respondent was charged by the Office of Disciplinary Counsel ("ODC") with several violations of the Rules of Professional Conduct. The thrus... view full summary
EVIDENCE

4.Granting motion in limine to exclude expert without holding Daubert hearing erroneous.
State v. Morrison, 03-KK-2790 (La. 4/8/04) [1 p.]
From LSCR Volume 12, Issue 4
          "Writ granted; case remanded to the trial court. Because the trial court ruled the defense expert's testimony regarding aural/spectrographic... view full summary
5.D.A. and Assistant D.A. properly sequestered during recusal hearing.
State v. Nomey, 2004-KK-0401 (La. 4/2/04) [2 pp.]
From LSCR Volume 12, Issue 4
          The defendant moved to recuse the district attorney and assistant district attorney. He subpoenaed them as witnesses at the recusal hearing,... view full summary
STATE AND LOCAL GOVERNMENT

6.Public bid requirements are strictly construed; injunction granted. See Broadmoor, L.L.C. v. Ernest J. Morial New Orleans Exhibition Hall Authority, 2004-CC-0211 c/w 2004- CC-0212 (La. 03/18/04), reported under "Contracts," supra. Board of Ethics subpoena upheld.
Mary Moe, L.L.C. v. Louisiana Bd. of Ethics, 2003-C-2220 (La. 4/14/04) [15 pp.]
From LSCR Volume 12, Issue 4
          Plaintiffs are four L.L.C.'s that are the sole contributors to New Alliance Business Political Action Committee ("New Alliance"). The L.L.C.... view full summary
7.Police chief's recommendation not necessary for city to terminate policemen.
Grant v. Mayor George Grace, 2003-C-2021 (La. 4/14/04) [13 pp.]
From LSCR Volume 12, Issue 4
          Plaintiff filed this suit for an injunction and damages after the Council of the City of St. Gabriel terminated him as a police officer. Pla... view full summary
CRIMINAL

8.D.A. and Assistant D.A. properly sequestered during recusal hearing. See State v. Nomey, 2004-KK-0401 (La. 4/2/04), reported under "Evidence," supra. Defendant found competent to stand trial, nunc pro tunc, after conviction.
State v. Snyder, 1998-KA-1078 (La. 4/14/04) [12 pp.]
From LSCR Volume 12, Issue 4
          Defendant's conviction of first degree murder and sentence of death were previously affirmed conditionally by the Court in State v. Snyder, ... view full summary
9.Misrepresentations in records submitted to DEQ supports charge of filing false public records.
State v. Advanced Recycling, Inc., 02-K-1889 (La. 4/14/04) [10 pp.]
From LSCR Volume 12, Issue 4
          Defendant corporation, ARI, and its corporate officers individually, were charged with theft and with filing and/or maintaining false public... view full summary
10.Intent to distribute small quantity of heroin proved by circumstantial evidence.
State v. Francois, 2003-K-1313 (La. 4/14/04) [11 pp.]
From LSCR Volume 12, Issue 4
          While investigating an unrelated matter, police discovered the defendants Francois and Kemp in a bedroom in Francois's mother's apartment, d... view full summary