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Showing results for LSCR volume 16 LSCR issue 9
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CONTRACTS

1.Allegation of theft in order to terminate contract is unfair trade practice.
Miller v. ConAgra, 08-C-0021 (La. 9/8/06) [19 pp.]
From LSCR Volume 16, Issue 9
          In 1993, plaintiff Gary L. Miller entered into a "Broiler Production Agreement" with ConAgra, Inc., under the terms of which ConAgra would f... view full summary
TORTS

2.Law requiring that pollution damages award be used to remediate pollution is constitutional.
M. J. Farms v. Exxon Mobil Corp., 07-CA-2371 (La. 7/1/08) [38 pp.]
From LSCR Volume 16, Issue 9
          Plaintiff M.J. Farms filed suit on April 25, 2006 against numerous defendant oil companies, including Exxon Mobil Corporation, alleging that... view full summary
CIVIL PROCEDURE

3.Prior oil royalty litigation not res judicata in dispute over a different tract.
Chevron U.S.A. v. State of Louisiana, 07-C-2469 (La. 9/8/08) [35 pp.]
From LSCR Volume 16, Issue 9
          This concursus and declaratory judgment action was filed by Chevron USA, which sought to determine which of two defendants, the Plaquemines ... view full summary
4.Native American tribe validly waived sovereign immunity.
Meyer & Associates v. Coushatta Tribe of Louisiana, 2007-CC-2256 (La. 09/23/08) [30 pp.]
From LSCR Volume 16, Issue 9
          Beginning in December, 2001, the Coushatta Tribe of Louisiana ("Tribe") and Meyer & Associates ("Meyer") entered into various agreements for... view full summary
JUVENILE

5.Unexplained traumatic injuries provides reasonable ground for state custody.
State, in the Interest of L.B., 08-CJ-1539 (La. 7/25/08) [4 pp.]
From LSCR Volume 16, Issue 9
          The Office of Community Services filed a verified complaint requesting an instanter order seeking to place the minor child, 7-month-old L.B.... view full summary
STATE AND LOCAL GOVERNMENT

6.Ordinance allowing lawsuit to collect property taxes, plus collection costs, unconstitutional.
Fransen v. City of New Orleans, 08-CA-0076 c/w 08-CA-0087 (La. 7/1/08) [25 pp.]
From LSCR Volume 16, Issue 9
          The New Orleans City Council adopted Ordinance No.18637, regarding the collection of ad valorem property taxes, permitting the City to impos... view full summary
CRIMINAL

7.Adult-onset mental retardation not a defense to death penalty; capital conviction affirmed.
State v. Anderson, 06-KA-2987 (La. 9/9/08) [69 pp.]
From LSCR Volume 16, Issue 9
          Defendant killed an 85-year-old woman, for whom he was doing yard work. She was stabbed 10 times, and then beaten in the head with a drinkin... view full summary
8.State's failure to disclose statement did not merit sanctions.
State v. Forest, 08-KK-1747 (La. 7/24/08) [3 pp.]
From LSCR Volume 16, Issue 9
          Defendant was charged with murder. The State and the defense exchanged discovery without any formal discovery motions being filed, and the S... view full summary
9.Right of confrontation does not constitute "good cause" to subpoena crime victim for hearing.
State v. Conerly, 08-KK-2024 (La. 8/27/08) [1 p.]
From LSCR Volume 16, Issue 9
          "Writ granted. ... Although the Louisiana Constitution recognizes the right of a defendant to confront his accuser before trial, La. Const. ... view full summary