| TORTS
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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 |