| 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
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| 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
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| 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
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| 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 |