Archive of LSCR Articles
Showing results for LSCR volume 13 LSCR issue 3 | Jump to a direct Volume/Issue
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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 |
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