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Showing results for LSCR volume 13 LSCR issue 3
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CIVIL PROCEDURE

1.Certification of judgment as final without express, written reasons is reviewed de novo by appellate court; resolving a split in the circuits.
R.J. Messsinger, Inc. v. Rosenblum, 2004-OC-1664 (La. 03/02/05) [16 pp.]
From LSCR Volume 13, Issue 3
          Carl and Kathryn Rosenblum contracted with R.J. Messinger ("Messinger") to construct a house, and secured from Messinger a written guarantee... view full summary
2.Conflicting court of appeal decisions require en banc rehearing.
Walker v. Bossier Med. Cntr., 04-C-1780 (La. 2/25/05) [1 p.]
From LSCR Volume 13, Issue 3
          "Bossier Medical Center and the State of Louisiana seek review of a judgment of the court of appeal which declares La.R.S. 9:5628 unconstitu... view full summary
MEDICAL MALPRACTICE

3.Consent for D&C encompassed risk of "emergent" hysterectomy.
Thibodeaux v. Jurgelsky, 2004-C-2004 (La. 3/11/05) [33 pp.]
From LSCR Volume 13, Issue 3
          Plaintiffs brought this medical malpractice action to recover damages arising from a hysterectomy. Plaintiff Ms. Thibodeaux saw defendant Dr... view full summary
STATE AND LOCAL GOVERNMENT

4.No appellate jurisdiction over interlocutory administrative ruling, where jurisdiction to make the ruling has changed before finality.
Lake Charles Pilots, Inc. v. La. Pub. Service Comm'n, 2004-CA-1190 (La. 3/2/25) [12 pp.]
From LSCR Volume 13, Issue 3
          In CITGO Petroleum Corp. v. Louisiana Public Service Comm., 01-1902 (La. 3/15/02), 815 So. 2d 19 ("CITGO I"), the Court held that the tariff... view full summary
WORKERS' COMPENSATION

5.TTD "developing injury" claim relates back to original SEB claim and is not prescribed.
Donald J. Winford v. Conerly Corporation , 2004-C-1278 (La. 03/11/05) [20 pp.]
From LSCR Volume 13, Issue 3
          Claimant Winford ("Winford") injured his hip and back when he fell 7 feet to the pavement while discarding wooden pallets for his employer C... view full summary
6.Trahan v. Coca Cola Bottling Company United, Inc.,
2004-C-0100 (La. 03/03/05) [28 pp.]
From LSCR Volume 13, Issue 3
          Ronald K. Trahan ("claimant") was injured in the course and scope of his employment with Coca Cola Bottling Company United, Inc. ("defendant... view full summary
7.Insurance agent's commissions are not civil fruits; distinguishing recent precedent.
Lanza v. Lanza, 2004-C-1314 (La. 3/2/05) [18 pp.]
From LSCR Volume 13, Issue 3
          Lanza (husband) and Coudrain (wife) were married in 1975. Lanza signed an agency contract with State Farm in 1981, and operated the Lou Lanz... view full summary