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Showing results for LSCR volume 16 LSCR issue 7
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SUCCESSIONS

1.Heirs with standing to revoke a donation also have standing to enforce it.
Howard v. Administrator, Tulane Educational Fund, 2007-C-2224 (La. 01/07/08) [23 pp.]
From LSCR Volume 16, Issue 7
          In 1886, Josephine Louise LeMonnier Newcomb ("Mrs. Newcomb") donated $100,000 to the Administrators of the Tulane Educational Fund of Tulane... view full summary
MEDICAL MALPRACTICE

2.Three-year MMA limitations period is prescriptive, not peremptive;
overruling recent precedent. Minos Borel v. Dr. Clinton Young, 07-C-0419 (La. 7/1/08) [51 pp.]
From LSCR Volume 16, Issue 7
          In April, 1999, an ultrasound disclosed the presence of a mass in the left lower abdomen of Mary Borel. Dr. Castor recommended surgery. Mrs.... view full summary
CIVIL PROCEDURE

3.De novo review not applicable on appeal from damages verdict of zero.
Marcus Ryan v. Zurich American Ins. Co., 07-C-2312 (La. 7/1/08) [19 pp.]
From LSCR Volume 16, Issue 7
          Plaintiff Marcus Ryan was injured when his vehicle was struck from behind by an 18-wheeler. After 10 weeks of chiropractic treatment, Ryan w... view full summary
4.Offer of judgment construed.
Joseph Sher v. Lafayette Ins. Co., 07-C-2441 c/w 07-C-2443 (La. 7/7/08) (on rehearing) [3 pp.]
From LSCR Volume 16, Issue 7
          The Court granted a rehearing for the sole purpose of reconsidering plaintiff's claim for court costs pursuant to La. Code Civ. P. art. 970.... view full summary
5.Judgment holding statute unconstitutional must be based upon legal ground that was pled by the parties.
State v. Ray Hatton, 07-KA-2377 (La. 7/1/08) [20 pp.]
From LSCR Volume 16, Issue 7
          Defendant Hatton was charged by a bill of information with two counts of "Computer-Aided Solicitation for Sexual Purposes" in violation of L... view full summary
ADMINISTRATIVE

6.LPSC order that power company refund excessive charges is not "ratemaking."
Entergy Louisiana v. La. Public Service Comm'n, 08-CA-0284 (La. 7/1/08) [21 pp.]
From LSCR Volume 16, Issue 7
          Plaintiff Entergy Corporation owns six public utilities ("the Operating Companies"), including plaintiff Entergy Louisiana, which produce an... view full summary
CRIMINAL

7.Multiple convictions arising from one crime may all be enhanced under Habitual Offender Law;
overruling controlling precedent. State v. Shaw, 06-KO-2467 (La. 11/27/07) [26 pp.]
From LSCR Volume 16, Issue 7
          The prosecution of defendant Shaw stems from a criminal episode involving his former girlfriend, in which he intentionally rammed his car in... view full summary
8.Arrest warrant for failure to appear interrupts continuously the 2- year speedy trial period;
resolving a split in the circuits. State v. Lionel Romar, 2007-K-2140 (La. 01/07/08) [8 pp.]
From LSCR Volume 16, Issue 7
          After pleading not guilty to DWI (third offense), defendant Lionel Romar failed to show up for his trial dates on April 20 and June 15, 1998... view full summary