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Showing results for LSCR volume 14 LSCR issue 11
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INSURANCE

1.Insurer's payment of third-party property damage claim interrupts prescription; resolving a split in the circuits.
Mallett v. McNeal c/w Richey v. Infinity Ins. Co., 05-CC-2289 c/w 05-CC-2322 (La. 10/17/06) [18 pp.]
From LSCR Volume 14, Issue 11
          
          The Court granted a supervisory writ and consolidated these two cases to res... view full summary
2.Insurance policy reformed to reflect intent of the parties.
Mark Samuels v. State Farm Mut. Auto. Ins. Co., 06-C-0034 (La. 10/17/06) [9 pp.]
From LSCR Volume 14, Issue 11
          Alvin Samuels, his son Mark, and Mark's wife Patti were injured in an automobile accident, from which Patti died. State Farm issued an autom... view full summary
CIVIL PROCEDURE

3.Motion to recuse not untimely, even though filed after reasons for judgment.
Radcliffe 10 v. Zip Tube Systems of La., 2006-CC- 0128 (La. 11/3/06) [10 pp.]
From LSCR Volume 14, Issue 11
          Plaintiff Radcliffe 10 filed suit against several defendants, including Zip Tube. The lawsuit was randomly allotted to Judge Knight of the 2... view full summary
4.Prescription for revocatory action not dependent upon recordation of notarial act; resolving a split in the circuits.
London Towne Condominium Homeowner's v. London Towne, 06-CC-0401 (La. 10/17/06) [11 pp.]
From LSCR Volume 14, Issue 11
          In August, 2001, the London Towne Homeowner's Association ("Association") filed suit against London Towne Condominiums ("LTC") to collect am... view full summary
BAR / DISCIPLINARY / ETHICS

5.Judge disciplined for failure to remain neutral during recusal hearing.
In Re: Cresap, 06-O-1242 (La. 10/17/06) [30 pp.]
From LSCR Volume 14, Issue 11

          Respondent Judge Cresap assumed his judicial office in December, 1999, and has served continuously since that time. In May, 1996, oyster... view full summary
CRIMINAL

6.Prosecutor's nolle prosequi and refiling of charges not prejudicial.
State v. Michael Batiste, 05-K-1571 (La. 10/17/06) [16 pp.]
From LSCR Volume 14, Issue 11
          On November 12, 2002, the State filed a bill of information against the defendant, charging him with video voyeurism, a violation of La.R.S.... view full summary
7.When counts of an indictment are joined, appellate review of a preliminary plea interrupts the time limit to try all joined counts.
State v. Robert "Bob" Odom, 06-K-0975 (La. 11/3/06) [5 pp.]
From LSCR Volume 14, Issue 11
          On August 22, 2002, the State indicted defendant/respondent, Commissioner of Agriculture and Forestry in Louisiana, for a variety of offense... view full summary