Archive of LSCR Articles
Showing results for LSCR volume 14 LSCR issue 9 | Jump to a direct Volume/Issue
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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)
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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 |
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