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TORTS

1.Entergy liable for house fire; "clear and convincing evidence" standard does not apply.
Hanks v. Entergy Corporation, 2006-C-0477 (La. 12/18/07) [33 pp.]
From LSCR Volume 15, Issue 1
          Lightning from a thunderstorm in Union Parish, Louisiana destroyed the electrical transformer serving a lake house, resulting in a fire that... view full summary
2.Jury verdict for defense affirmed, despite presumption of causation.
Michelle Detraz v. Victor Lee d/b/a Virgin Nails, 2005-C-1263 (La. 1/17/07) [23 pp.]
From LSCR Volume 15, Issue 1
          Plaintiff Detraz received a pedicure at Virgin Nails in Lafayette, Louisiana. Several days after receiving the pedicure, Ms. Detraz develope... view full summary
CONTRACTS

3.Bond-for-deed transaction activates due-on-sale clause.
Jeffrey S. Levine v. First National Bank of Commerce, 06-C-0394 c/w 06-C-0439 (La. 12/15/06) [23 pp.]
From LSCR Volume 15, Issue 1
          Plaintiff Levine purchased a home at Gretna, Louisiana, in 1996, granting a mortgage on the property to First National Bank of Commerce ("Ba... view full summary
CIVIL PROCEDURE

4.Venue against state agency is normally in East Baton Rouge.
Colvin v. Louisiana Patient's Compensation Fund Oversight Board, 2006-C-1104 (La. 1/17/07) [ 22 pp.]
From LSCR Volume 15, Issue 1
          Plaintiffs in these consolidated cases reside in Bossier Parish, and suffered damages as a result of medical malpractice that occurred in Bo... view full summary
CRIMINAL

5.Agreement not to prosecute not vitiated by defendant's guilty plea to pre-agreement criminal behavior.
State v. Cardon, 2006-KK-2305 (La. 1/12/07) [2 pp.]
From LSCR Volume 15, Issue 1
          Defendant and the district attorney entered into an agreement not to prosecute, with the condition that defendant not commit a "new" offense... view full summary
6.Habitual offender sentence not unconstitutional as applied.
State v. Hall, 06-K-1358 (La. 1/12/07) [1 p.]
From LSCR Volume 15, Issue 1
          Defendant was charged under the habitual offender statute, and convicted. The district court deviated from the minimum sentence, holding tha... view full summary
7.Juror preference for police testimony was not "bias" under art. 797.
State v. Calvin Lindsey, 2006-K -0255 (La. 1/17/07) [12 pp.]
From LSCR Volume 15, Issue 1
          Defendant was convicted of conspiracy to distribute narcotics, and was sentenced to 9 years imprisonment. During voir dire, one prospective ... view full summary
8.Capital conviction affirmed.
State v. Darrell D. Draughn, 2005-KA-1825 (La. 1/17/07) [83 pp.]
From LSCR Volume 15, Issue 1
          Defendant appeals his conviction and sentence of death. The victim, Ms. White, was a 64-year- old woman who was found dead with 61 knife wou... view full summary
ADMINISTRATIVE

9.PSC ruling overturned as arbitrary and capricious.
Eagle Water, Inc. v. Louisiana Public Service Commission, 2006-CA-1899 (La. 1/17/07) [12 pp.]
From LSCR Volume 15, Issue 1
          Plaintiff Eagle is a company which provides water and wastewater services to customers in Caddo and Bossier Parishes. Theresa A. Knight ("Kn... view full summary