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Showing results for LSCR volume 16 LSCR issue 12
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DOMESTIC RELATIONS

1.Survivor benefits under pension plan are community property; overruling recent precedent.
Louisiana State Employees v. McWilliams, 06-C-2191 (La. 12/7/07]
From LSCR Volume 16, Issue 12
          (on rehearing) In this opinion on rehearing, the Court overruled its original opinion, reported in December, 2007 LSCR. This concursus proce... view full summary
MEDICAL MALPRACTICE

2.Claims-made policy excludes coverage; doctor not "qualified" under MMA.
Hood v. Cotter, 2008-C-0215 c/w 2008 -C-0237 (La. 12/2/08]
From LSCR Volume 16, Issue 12
          Plaintiff Carl Hood sought medical treatment from defendant Dr. Mark Cotter, for back pain, sleeping difficulties, and anxiety. Plaintiff al... view full summary
TORTS

3.Hole in logging road not unreasonable risk of harm; supervisory writ granted.
Dauzat v. Curnest Guillot Logging, 08-CC-0528 (La. 12/2/08) [8 pp.]
From LSCR Volume 16, Issue 12
          Defendants seek review of the denial of their motion for summary judgment. Defendant Lake Pearl Company ("Lake Pearl") is the owner of timbe... view full summary
BAR / DISCIPLINARY / ETHICS

4.Discipline imposed for false certification of domicile on notice of candidacy.
In re: Richmond, 2008-B-0742 (La. 12/2/08) [19 pp.]
From LSCR Volume 16, Issue 12

          Respondent was a member of the Louisiana House of Representatives for District 101. On his notice of candidacy form filed in August, 200... view full summary
5.Handwritten request for service is "alteration of a public record"; discipline imposed.
In re: Dixon, 08-B-1618 (La. 12/2/08) [16 pp.]
From LSCR Volume 16, Issue 12

          Respondent filed a petition for judicial partition of community property on behalf of his client, Tracey Magee. The petition did not req... view full summary
6.Antiquated statute preempted by Canon of Judicial Conduct; discipline imposed.
In re: Freeman, 2008-O-1820 (La.12/2/08) [23 pp.]
From LSCR Volume 16, Issue 12

          Respondent assumed the office of Justice of the Peace, Ward 5, St. Helena Parish in January 1, 2003. While still in office, he qualified... view full summary
CIVIL PROCEDURE

7.Plaintiff may be added to MMA wrongful death action after the running of prescription.
Warren v. Louisiana Medical Mutual Ins. Co., 2007-CC-0492 (La. 12/2/08) [38 pp.]
From LSCR Volume 16, Issue 12
          Plaintiffs' decedent Terry Warren died on October 13, 2000 from congestive heart failure. Pamela Warren, Terry's widow, and Theresa Warren, ... view full summary
CONSTITUTIONAL LAW

8.District court erred in ruling on constitutional issues.
Phillips v. Lafayette City-Parish Consol. Gov't, 2008-CA-0922 (La. 12/2/08) [13 pp.]
From LSCR Volume 16, Issue 12
          The Lafayette City-Parish Consolidated Government ("Lafayette") declared the presence of "junked or abandoned" motor vehicles to be a public... view full summary
STATE AND LOCAL GOVERNMENT

9.Constitutional publication requirements not applicable to legislation passed in extraordinary session.
Fruge v. Bd. of Trustees of La. State Emp., 08-CA-1270 This declaratory judgment action challenges the validity of 2002 1st Ex. Sess. La. Acts No. 165 ("Act 165"), which amended La.R.S. ? 11:416, relating to the Louisiana State Employees' Retirement Sy
From LSCR Volume 16, Issue 12
WORKERS' COMPENSATION

10.Third-party demand against PPO not within WCA jurisdiction; supervisory writ granted.
Broussard Physical Therapy v. Family Dollar Stores, 2008-CC-1013 (La. 12/2/08) [13 pp.]
From LSCR Volume 16, Issue 12
          Broussard Physical Therapy ("Broussard") filed a disputed claim for compensation against an employer, Family Dollar Stores, ("Family Dollar"... view full summary
CRIMINAL

11.DWI conviction does not require proof of the substance causing the intoxication.
State v. John J. Kestle, 2007-K-1573 (La. 12/2/08) [15 pp.]
From LSCR Volume 16, Issue 12
          Trooper Wayne Coates with the Louisiana State Police was dispatched to the scene of an accident on Interstate 10. The trooper found a truck ... view full summary