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TORTS

1.Products liability jurisprudence involving similar product does not relieve plaintiff of burden of proof.
Goldie Jack v. Alberto-Culver USA, Inc., 06-C-1883 (La. 2/22/07) [5 pp.]
From LSCR Volume 15, Issue 2
          Plaintiff, Goldie Jack, purchased a package of hair texturizer manufactured and produced by defendant, Alberto-Culver USA, Inc. Plaintiff's ... view full summary
CIVIL PROCEDURE

2.Batson/Edmonson objections in civil jury trials construed; resolving a split in the circuits.
Harold Alex, Jr. v. Rayne Concrete Service, 05-C-1457 c/w 05-C-2344 (La. 1/26/07) [44 pp.]
From LSCR Volume 15, Issue 2
          Harold Alex, Jr. ("Alex") brought suit against Rayne Concrete Service ("Rayne Concrete") and its insurer, alleging a work-related injury to ... view full summary
3.Every ground for unconstitutionality must be briefed, and not simply pled, in the district court.
Arrington v. Galen-Med, Inc., 06-C-2923 (La. 2/2/07) [4 pp.]
From LSCR Volume 15, Issue 2
          Taylor v. Clement, 06-C-2518 (La. 2/2/07) [5 pp.] In the Arrington matter, plaintiffs filed the instant suit against, inter alia, Lake Area ... view full summary
4.Discussion of unconstitutionality in reasons for judgment is not a declaration of unconstitutionality.
Carmena v. East Baton Rouge Sheriff's Office, 06-CA-2680 (La. 2/2/07) [2 pp.]
From LSCR Volume 15, Issue 2
          Defendant in this civil case excepted on the ground of prescription, arguing, inter alia, that certain executive orders of the governor (KBB... view full summary
STATE AND LOCAL GOVERNMENT

5.Reduction of sentences pursuant to ameliorative legislation falls to executive branch.
State v. Wesley Dick, 2006-KP-2223 c/w 2006-KP-2226 (La. 1/26/07) [24 pp.]
From LSCR Volume 15, Issue 2
          In these consolidated cases, defendants Dick and Smith were found guilty of distribution of heroin, and were sentenced to life imprisonment.... view full summary
CRIMINAL

6.Warrantless search of containers incident to arrest is permissible.
State v. Talvin Warren, 05-KK-2248 (La. 2/22/07) [30 pp.]
From LSCR Volume 15, Issue 2
          Defendant Warren was charged with possession of marijuana with intent to distribute, and moved to suppress the evidence. Officer Buscaino wa... view full summary
7.State's nondisclosure of deal not to prosecute witness's son not reversible error.
State v. Lacaze, 06-KP-1059 (La. 2/2/07) [2 pp.]
From LSCR Volume 15, Issue 2
          Defendant applied for post-conviction relief after learning that the State had agreed with a witness not to prosecute the his son, in return... view full summary