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CIVIL PROCEDURE

1.Prescription of tort claims for birth defects does not commence until birth.
Bailey v. Khoury, 2004-C-0620 (La. 1/20/05) [38 pp.]
From LSCR Volume 13, Issue 1
          Plaintiff Ginger Bailey filed this suit individually and on behalf of her newborn child Jada to recover damages for injuries suffered by Jad... view full summary
2.Choice-of-law rules applicable to out-of-state UM policy; resolving a split in the circuits.
Champagne v. Ward, 2003-CC-3211 (La. 01/19/05) [29 pp.]
From LSCR Volume 13, Issue 1
          Plaintiff Champagne, a Mississippi resident driving an automobile covered by an insurance policy issued in Mississippi, collided in New Orle... view full summary
3.Judges have no standing to challenge constitutionality of ministerial duty they must perform.
Greater New Orleans Expy. Comm'n v. Olivier, 2004-CA-2147 (La. 1/19/05) [17 pp.]
From LSCR Volume 13, Issue 1
          The Greater New Orleans Expressway Commission, plaintiff, operates and maintains the Lake Pontchartrain Causeway Bridge and the Huey P. Long... view full summary
CONTRACTS

4.Mineral lessee not liable for restoration of wetlands.
Terrebonne Parish Sch. Bd. v. Castex Energy, 2004-C-0968 (La. 1/19/05) [32 pp.]
From LSCR Volume 13, Issue 1
          Plaintiff lessor filed this suit to compel an oil and gas lessee to restore wetlands after the termination of a lease. In 1963, after compet... view full summary
5.Medical school liable for failure to recommend resident for board examination.
Driscoll v. Stucker, 2004-C-0589 (La. 01/09/05) [31 pp.]
From LSCR Volume 13, Issue 1
          When plaintiff, Dr. Peter V. Driscoll, entered the otolaryngology residency program at Louisiana State University Health Sciences Center (LS... view full summary
MEDICAL MALPRACTICE

6.Med Mal prescription interrupted by continuing efforts to treat injury.
Carter v. Haygood, 2004-C-0646 (La. 1/19/05) [27 pp.]
From LSCR Volume 13, Issue 1
          Plaintiff Carter filed this suit to recover damages for personal injuries allegedly suffered as a result of dental malpractice by defendant,... view full summary
7.Drawing blood at a blood bank not covered under MMA.
Delcambre v. Blood Systems, Inc., 2004-C-0561 (La. 01/19/05) [15 pp.]
From LSCR Volume 13, Issue 1
          Plaintiff Nolan Delcambre went to the United Blood Services office in Lafayette for the sole purpose of donating blood. A phlebotomist emplo... view full summary
BAR / DISCIPLINARY / ETHICS

8.Discipline imposed for failure to report prosecutorial misconduct.
In re: Riehlman, 2004-B-0680 (La. 1/19/05) [18 pp.]
From LSCR Volume 13, Issue 1

          Respondent is a criminal defense attorney who was formerly employed as an assistant district attorney in Orleans Parish. One evening in ... view full summary
EVIDENCE

9.Clergy-penitent privilege construed.
State v. Gray, 2004-KK-1197 (La. 1/19/05) [14 pp.]
From LSCR Volume 13, Issue 1
          For only the third time in 80 years, the Court has the opportunity to discuss Louisiana's clergyman privilege, presently incorporated in La.... view full summary
STATE AND LOCAL GOVERNMENT

10.Legislature's "interpretive," retroactive overruler of judicial opinion unconstitutional.
Unwired Telecom Corp. v. Parish of Calcasieu, 2003-CA-0732 (La. 1/19/05) [23 pp.]
From LSCR Volume 13, Issue 1
          Plaintiff Unwired sells mobile telephone service and is the successor in interest to Mercury Cellular, a company that merged with Unwired. M... view full summary
WORKERS' COMPENSATION

11.Amendments to WCA increasing employer's credit against SEB not retroactive; resolving a split in the circuits.
Frith v. Riverwood, Inc., 2004-C-1086 (La. 01-19-05) []
From LSCR Volume 13, Issue 1
          Claimant Frith, a forklift operator for Riverwood, Inc., injured her back at work in March, 1989. She eventually stopped working and was dia... view full summary
CRIMINAL

12.Failure to preserve DNA evidence does not entitle defendant to jury instruction; capital sentence affirmed.
State v. Harris, 2001-KA-2730 (La. 1/19/05) [33 pp.]
From LSCR Volume 13, Issue 1
          Defendant was accused of the murder of Katie Carlin during the aggravated kidnapping and rape of Carlin's 11-year-old daughter, "K." Carlin'... view full summary
13.Post-conviction application meets statutory requirements for challenging mental competence.
State ex rel. Bourque v. Cain, 03-KP-0602 (La. 1/7/05) [3 pp.]
From LSCR Volume 13, Issue 1
          Relator filed a post-conviction application for relief, alleging, inter alia, that he was mentally retarded and therefore not competent to b... view full summary