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Showing results for LSCR volume 14 LSCR issue 9
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CONTRACTS

1.Waivable building restrictions are enforceable immovable property rights.
Wayne Cosby v. Holcomb Trucking, 2005-C-0470 (La. 9/6/06) [22 pp.]
From LSCR Volume 14, Issue 9
          Plaintiffs, property owners in Wedgewood Acres Subdivision filed this suit to enforce building restrictions prohibiting commercial activitie... view full summary
TORTS

2.Res ipsa loquitur applies in products liability.
Kevin D. Lawson v. Mitsubishi Motor Sales, 2005-CC-0257 (La. 9/26/06) [35 pp.]
From LSCR Volume 14, Issue 9
          Plaintiff Lawson purchased a used 1996 Mitsubishi Galant "program car" with 21,930 miles. Two years after the purchase, Lawson honked the ho... view full summary
INSURANCE

3.Extension of Katrina and Rita prescription constitutional as applied to nonfederal insurance.
State v. All Property and Casualty Ins. Carriers, 06-CD-2030 (La. 8/25/06) [24 pp.]
From LSCR Volume 14, Issue 9

          On August 29, 2005, Hurricane Katrina devastated the Gulf South region of the United States. On September 25, 2005, Hurricane Rita hit t... view full summary
CIVIL PROCEDURE

4.Confirmation of default without notice constitutes ill practice.
Power Marketing Direct v. Chris Foster, 2005-C- 2023 (La. 9/6/06) [23 pp.]
From LSCR Volume 14, Issue 9
          Defendant Foster signed a licensing contract in 2001 with Power Marketing ("PM"), granting Foster the exclusive right to sell PM's furniture... view full summary
5.Court of appeal erred in ordering respondent to submit additional evidence.
B.W.S., Jr. v. Livingston Parish School Board, 06-CC-1981 (La. 8/16/06) [4 pp.]
From LSCR Volume 14, Issue 9
          In November, 2005, M.T.S., then an eighth grade student at a Livingston Parish junior high school, was expelled from school for 12 months. I... view full summary
STATE AND LOCAL GOVERNMENT

6."Loan of public funds" construed; overruling controlling precedent.
Industrial Development Board v. All Taxpayers, 2005-C-2298 (La. 9/6/06) []
From LSCR Volume 14, Issue 9
          In 2005, the City of Gonzales (the "City") adopted an ordinance creating a "Gonzales Economic Development District" run by the City Industri... view full summary
CONSTITUTIONAL LAW

7.Governor has the power to pardon the civil effects of foreign convictions.
Max Malone v. Joe Shyne, 2006-C- 2190 (La. 9/13/2006) [46 pp.]
From LSCR Volume 14, Issue 9
          Defendant Joe Shyne was convicted of a federal felony in 1994, when he pled guilty to the crime of extortion by a public official. He served... view full summary
WORKERS' COMPENSATION

8.Gross or wanton negligence is not intentional conduct under the WCA.
Simoneaux v. Excel Group, 06-CC-1050 (La. 9/1/06) [3 pp.]
From LSCR Volume 14, Issue 9
          Plaintiff Simoneaux was on the job installing conduit at the Dow plant in Plaquemine, Louisiana. As plaintiff bent down to retrieve a tool, ... view full summary
CRIMINAL

9.On remand from the Supreme Court, Batson challenge rejected again.
State v. Allen Snyder, 1998-KA-1078 (La. 9/6/06) [40 pp.]
From LSCR Volume 14, Issue 9
          Defendant was convicted of first degree murder and sentenced to death.
On direct appeal, the Court ultimately affirmed defendant's convi... view full summary