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Showing results for LSCR volume 16 LSCR issue 5
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TORTS

1.Supplemental jury instruction did not taint verdict; Exxon liable for acid release.
Adams v. Rhodia, Inc., 07-C-2110 (La. 5/21/08) [18 pp.]
From LSCR Volume 16, Issue 5
          Plaintiff Larry Adams, an employee of Rhodia, Inc., was seriously injured on the job when a sulfuric acid storage tank overpressurized, caus... view full summary
INSURANCE

2.Family's wrongful death claims are capped by the "Each Person" policy limit.
Hebert v. Webre, 08-CC-0060 (La. 5/21/08) [13 pp.]
From LSCR Volume 16, Issue 5
          Decedent Christopher Hebert ("Hebert"), was killed in an automobile accident and was survived by his wife, Tara, and their three minor child... view full summary
3."Total loss" statute does not require insurer to pay noncovered losses.
Landry v. Louisiana Citizens Property Ins. Co., 07-C-1907 c/w 07-C-1908 (La. 5/21/08) [28 pp.]
From LSCR Volume 16, Issue 5
          This opinion interprets La.R.S. S 22:695, which is res nova before the Court: Under any fire insurance policy if the insurer places a valuat... view full summary
CONSTITUTIONAL LAW

4.Statute cutting off Katrina tort claims against government is unconstitutional.
Melvin J. Burmaster v. Plaquemines Parish Government, 07-CA-2432 (La. 5/21/08) [28 pp.]
From LSCR Volume 16, Issue 5
          Plaintiff Burmaster, a resident of Plaquemines Parish, suffered property damage from Hurricane Katrina. He filed suit against Plaquemines Pa... view full summary
CRIMINAL

5.Rejected Batson challenge reversed by U.S. Supreme Court.
State v. Allen Snyder, 98-KA-1078 (La. 4/30/2008) []
From LSCR Volume 16, Issue 5
          In State v. Allen Snyder, 1998-KA-1078 (La. 9/6/06), reported in September, 2006 LSCR, on remand from the U.S. Supreme Court with instructio... view full summary
6.No invocation of Fifth Amendment rights.
State v. Richard Prosper, 08-KK-0839 (La. 5/14/08) [2 pp.]
From LSCR Volume 16, Issue 5
          Police were interrogating defendant regarding the location of guns that the police sought as evidence. During police interrogation, in respo... view full summary
7.Defendant surrendered privacy rights by hiding bag on neighbor's property.
State v. Marty Smith, 2008-KK-0515 (La. 5/2/08) [1 p.]
From LSCR Volume 16, Issue 5
          Writ granted. "Even assuming, arguendo, that defendant's consent to search his home and vehicle did not encompass personal effects located e... view full summary
8.DWI "pretrial diversion" record may not be expunged for 5 years; statute constitutional.
State v. Alexander Granger 07-KA-2285 (La. 5/21/08) [22 pp.]
From LSCR Volume 16, Issue 5
          Defendant was charged by bill of information with driving while intoxicated ("DWI") , first offense, in violation of La.R.S. S 14:98(B). He ... view full summary
9.Capital conviction affirmed.
State v. Laderrick Campbell, 06-KA-0286 (La. 5/21/08) [117 pp.]
From LSCR Volume 16, Issue 5
          Defendant was accused of shooting to death, with a 12-gauge shotgun, a liquor store clerk during a robbery, in front of multiple witnesses w... view full summary