Archive of LSCR Articles

Showing results for LSCR volume 14 LSCR issue 1
Jump to a direct Volume/Issue

1.Worker on fixed offshore platform is not a seaman; supervisory writ granted.
Suire v. William G. Helis Company, L.L.C., 05C1042 (La. 11/29/05) [2 pp.]
From LSCR Volume 14, Issue 1
          Plaintiff Suire was employed by GreyStar Corp. aboard a fixed offshore platform owned by The William G. Helis Company, L.L.C. ("Helis"). Pla... view full summary
2.DOTD not liable for selecting a railroad crossing for upgrade, and failing to upgrade it.
Long v. State, DOTD, 2004-C-0485, (La. O6/29/05) [34 pp.]
From LSCR Volume 14, Issue 1
          Plaintiffs' decedent drove her car across a railroad crossing on Harp Street in the Village of Bonita, Parish of Morehouse, and collided wit... view full summary

3.Arbitration clause not adhesionary.
Aguillard v. Auction Management Corp., 2004-C-2804 (La. 6/29/05) []
From LSCR Volume 14, Issue 1
          Defendant, Gilmore Auction & Realty Company ("Gilmore Realty"), a Louisiana auctioneer, conducted a public auction of immovable property loc... view full summary

4.Justice of the peace removed from office.
In re: Cook, 2005-O-0783 (La. 6/29/05) [13 pp.]
From LSCR Volume 14, Issue 1
          The Judiciary Commission charged that respondent Justice of the Peace Cook, who assumed office in 1994, has never attended mandatory justice... view full summary
5.Appearance of impropriety by judge's hiring a non-family member whom he is dating; discipline imposed.
In re: Granier, 04-O-3031 (La. 6/29/05) [6 pp.]
From LSCR Volume 14, Issue 1
          The respondent judge has served continuously on the district bench since 1996. Between February, 1999 and June, 2002, respondent hired his g... view full summary
6.Prosecutor improperly withheld Brady material; discipline imposed.
In re: Jordan, 04-B-2397 (La. 6/29/05) [20 pp.]
From LSCR Volume 14, Issue 1

          The ODC filed one count of formal charges against respondent, an assistant district attorney, alleging that he violated Rules 3.8(d) and... view full summary

7.Asbestosis class action filed prior to plaintiff's diagnosis with mesothelioma did not interrupt prescription.
Cichirillo v. Avondale Industries, Inc., 2004-C-2894 (La. 11/29/05) []
From LSCR Volume 14, Issue 1
          Plaintiff Cichirillo worked at Ingalls Shipyard in Mississippi, and then at Avondale Shipyard in Louisiana. In April, 1991, Cichirillo was d... view full summary

8.Multiple-misdemeanor juvenile disposition limited to 6 months.
State in the Interest of B.J., 05-CK-0913 (La. 7/24/05) [4 pp.]
From LSCR Volume 14, Issue 1
          The State charged relator in a delinquency petition with various misdemeanor-grade acts apparently stemming from a single incident in Baton ... view full summary

9.WTC Tax Increment Financing statute unconstitutional.
World Trade Center Taxing Dist. v. All Taxpayers, 2005-CA-0374 (La. 06/29/05) [23 pp.]
From LSCR Volume 14, Issue 1
          When a downturn in the economy in the 1980's resulted in significant unoccupied space in the World Trade Center ("WTC") at the foot of Canal... view full summary
10.Barge is not a "ship" or "vessel"; "remedial" statute not retroactive.
Mallard Bay Drilling v. Kennedy, 2004-C-1089 (La. 6/29/05) [33 pp.]
From LSCR Volume 14, Issue 1
          This is a petition for a sales tax refund. Plaintiff Mallard Bay Drilling, Inc. ("Mallard") is engaged in the business of drilling oil and g... view full summary

11.Louisiana has child custody jurisdiction over newborn baby from California.
Stelluto v. Stelluto, 2005-CC-0074 (La. 06/29/05) [18 pp.]
From LSCR Volume 14, Issue 1
          Plaintiff Ms. Stelluto, a surgical nurse and lifelong New Orleans resident, met Donald Stelluto, a history professor from California, in Nov... view full summary

12.Guilty plea to crime other than that charged is not void for lack of jurisdiction; resolving a split in the circuits.
State v. Curtis Jackson, 2004-K-2863 (La. 11/29/05) [15 pp.]
From LSCR Volume 14, Issue 1
          Defendant was charged by bill of information with attempted first degree murder of a peace officer, possession of a firearm by a convicted f... view full summary
13.Repeat drug offender bill must be brought only after conviction of the instant offense; resolving a split in the circuits; overruling controlling precedent.
State v. Skipper, 04-KA-2137 (La. 6/29/05) [25 pp.]
From LSCR Volume 14, Issue 1
          The State filed a bill of information charging defendant Skipper with possession of between 28 and 200 grams of crack cocaine, in violation ... view full summary