Archive of LSCR Articles

Showing results for LSCR volume 14 LSCR issue 2
Jump to a direct Volume/Issue
TORTS

1.Jury manifestly erred in holding parent company liable for negligence of subsidiary.
Bujol v. Entergy Services, 2003-C-0492 (La. 1/19/06) [15 pp.]
From LSCR Volume 14, Issue 2

          The Court issued this opinion on rehearing to clarify its prior opinion (reported in June, 2004 LSCR). Plaintiffs filed this suit agains... view full summary
2.State not liable for condition of "orphaned" oil site; lessor does not automatically obtain ownership of improvements at expiration of lease; establishing controlling precedent.
Giorgio v. Alliance Operating Corporation, 05-C-0002 (La. 1/19/06) [29 pp.]
From LSCR Volume 14, Issue 2
          Plaintiffs filed this suit to recover damages for personal injury and property damage when their 38- foot fishing boat allided with pilings ... view full summary
CONTRACTS

3.Builder need not comply with notice requirement of New Home Warranty Act.
Carter v. Glen Duhe, 2005-CC-0390 (La. 1/19/06) [15 pp.]
From LSCR Volume 14, Issue 2
          In 1998, plaintiffs the Carters entered into a contract with defendant Duhe for the construction of a new home on property already owned by ... view full summary
INSURANCE

4.Insurer not liable for interest on judgment in excess of policy limits.
Terry Leblanc v. Gail B. Aysenne, 05-C-0297 (La. 1/19/06) [11 pp.]
From LSCR Volume 14, Issue 2
          Plaintiff LeBlanc was involved in a motor vehicle accident with defendant Aysenne. Plaintiff filed suit against Aysenne, her insurer, and Le... view full summary
CIVIL PROCEDURE

5.Venue for wrongful death proper where decedent died, not where injuries occurred.
Jessica Wharton v. Michael Ridgell, 2005-CC-0069 (La. 1/19/06) [13 pp.]
From LSCR Volume 14, Issue 2
          Plaintiff's child Savannah suffered personal injuries in an automobile-pedestrian accident in Tangipahoa Parish. As a result of injuries suf... view full summary
6.Filing of motion for new trial and for appeal excuses failure to comply with compulsory court order; judgment of contempt reversed.
Lang v. Asten, Inc., 05-C-1119 (La. 1/13/06) [4 pp.]
From LSCR Volume 14, Issue 2
          The district court issued an order requiring that third-party defendant insurers provide their insureds a "full and complete defense," while... view full summary
STATE AND LOCAL GOVERNMENT

7.Home rule municipality may ban cock fighting, even if state law does not.
Claddie Savage d/b/a Piney Woods Game Club v. Prator, 04-C-2904 (La. 1/19/06) [12 pp.]
From LSCR Volume 14, Issue 2
          Plaintiffs sued for declaratory and injunctive relief after being informed by the Caddo Sheriff's Office that a pre-existing parish ordinanc... view full summary
CRIMINAL

8.Inchoate sexual battery is a crime in Louisiana.
State v. Trackling, 04-K-3222 (La. 1/19/06) [11 pp.]
From LSCR Volume 14, Issue 2
          Defendant was charged with placing his hand under the shorts of a 12-year-old and rubbing her vagina twice, but without reaching inside her ... view full summary
9.Defense striking pro-death juror was a Batson violation; capital conviction affirmed.
State v. Anthony Scott, 2004-KA-1312 (La. 1/19/06) [95 pp.]
From LSCR Volume 14, Issue 2
          Defendant Scott was convicted of the double murder of two bank tellers in Assumption Parish. Surveillance video tape showed Scott, in his la... view full summary
10.Discovery of Brady material allows untimely filing for post-conviction relief.
State ex rel. Walker v. State of Louisiana, 04-KH-0714 (La. 1/27/06) [1 p.]
From LSCR Volume 14, Issue 2
          "Writ granted ... . Relator's discovery of arguably suppressed evidence allows his untimely filing without regard to his diligence vel non i... view full summary
11.Post-conviction relief on Brady claim reversed on supervisory writ.
State v. Sholes, 05-KP-1290 (La. 1/9/06) [1 p.]
From LSCR Volume 14, Issue 2
          "Writ granted. The district court's judgment granting relator postconviction relief is vacated and relator's conviction and sentence are rei... view full summary
12.District court judgment on remand regarding mental retardation is final absent appeal.
State v. Williams, 05-KP-1556 (La. 2/17/06) [2 pp.]
From LSCR Volume 14, Issue 2
          "Writ granted; relief denied. In State v. Williams, 01-1650 (La. 11/1/02), 831 So.2d 835, this Court affirmed relator's conviction for first... view full summary