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TORTS

1.Louisiana Emergency Vehicle Statute construed.
Rabalais v. Nash, 2006-C-0999 (La. 3/9/07) [26 pp.]
From LSCR Volume 15, Issue 4
          Plaintiff filed suit to recover damages for personal injuries he suffered when his vehicle was struck by a fire department pickup truck trav... view full summary
CIVIL PROCEDURE

2.Case remanded to district court to allow party to plead unconstitutionality of a statute.
M.J. Farms v. Exxon Mobil, 07-CA-0450 (La. 4/27/07) [2 pp.]
From LSCR Volume 15, Issue 4
          Appellants the State of Louisiana and Exxon Mobil Corporation applied for a direct appeal pursuant to La. Const. art. V, S 5(D), on the grou... view full summary
3.Withholding of defective product in discovery not "fraud or ill practice."
Wright v. Louisiana Power & Light, 06-C-1181 (La. 3/9/07) [28 pp.]
From LSCR Volume 15, Issue 4
          Plaintiff's decedent was killed in a single-car accident in his 1982 Mercedes convertible in 1988. Plaintiff sold the 1982 Mercedes to a Ste... view full summary
4.Louisiana courts have in personam jurisdiction over director of foreign corporation.
Southeast Wireless Network v. U.S. Telemetry Corporation, 06-C-1736 (La. 4/11/07]
From LSCR Volume 15, Issue 4
          Plaintiffs are Louisiana investors in defendant U.S. Telemetry Corporation ("USTC"). USTC had a plan to develop equipment to transfer data u... view full summary
5.Court of appeal erred in rendering decision after settlement by parties.
Council of the City of New Orleans v. Sewerage & Water Board, 06-C-1989 (La. 4/11/07) [6 pp.]
From LSCR Volume 15, Issue 4
          The Council of the City of New Orleans ("Council") filed suit against, inter alia, the Sewerage and Water Board of New Orleans ("SWB") seeki... view full summary
DOMESTIC RELATIONS

6.Retroactive application of peremptive period for avowal action not unconstitutional.
W.R.M. v. H.C.V, 2006-CA-0702 (La. 3/9/07) [20 pp.]
From LSCR Volume 15, Issue 4

          Plaintiff W.R.M. filed a petition to establish his paternity of A.M.V., the 9-year-old child of H.C.V., alleging that he is the biologic... view full summary
CRIMINAL

7.Police pursuit of defendant into a private home does not require a warrant.
State v. Keith Walker, 06-KK-1045 (La. 4/11/07) [14 pp.]
From LSCR Volume 15, Issue 4
          The State appeals an order suppressing evidence. Police observed the defendant and another man standing directly in front of a residence at ... view full summary
8.District court erred in exposing jury to habitual offender allegations.
State v. Gregory Ruiz, 06-KO-1755 (La. 4/11/07) [14 pp.]
From LSCR Volume 15, Issue 4
          Defendant was charged by bill of information with distribution of cocaine in violation of La.R.S. S 40:967(A)(1), and possession of cocaine ... view full summary
9.Codefendants may agree to appeal common issue as part of guilty plea agreement.
State v. Jorgio Mack, 06-K-1722 (La. 4/27/07) [2 pp.]
From LSCR Volume 15, Issue 4
          Defendant agreed to plead guilty, adopting his codefendant's motion to suppress evidence, and reserving his right to appeal the district cou... view full summary