| INSURANCE
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| 1. | Failure to pay undisputed amount is de jure bad faith.
Louisiana Bag Co. v. Audubon Indem. Co., 2008-C-0453 (La. 12/2/08) [28 pp.]
From LSCR Volume 17, Issue 1 This is an appeal of a substantial bad faith judgment against an insurer. Louisiana Bag Company (Louisiana Bag) was insured under a commerci... view full summary |
| CIVIL PROCEDURE
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| 2. | Indemnity claim asserted 3 years after petition is served is not prescribed.
Frances Orlando v. E.T.I., 2007-C-1433 (La.12/12/08) [15 pp.]
From LSCR Volume 17, Issue 1 On June 6, 2001, Exceptional Temporaries, Inc. (ETI) contracted with the City of New Orleans Aviation Board (NOAB) to provide sound-deadenin... view full summary |
| 3. | Post-judgment "motion to fix interest" during appeal is prohibited.
Denton v. Vidrine, 2008-C-0483 (La.12/12/08) [11 pp.]
From LSCR Volume 17, Issue 1 Plaintiff Denton filed suit for personal injuries sustained in an automobile accident, and named as defendants the other driver (Vidrine), t... view full summary |
| 4. | Parish has no right to a bench trial in claims filed by the parish itself.
Randy Fontenot v. Patterson Insurance, 2008-C-0414 (La. 12/12/08) [16 pp.]
From LSCR Volume 17, Issue 1 A vehicular collision between a police car, being operated by Lafayette City-Parish Consolidated Government (LCG) police officer Randy Fonte... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 5. | Country club not a "fraternal" organization exempt from property tax.
Sherwood Forest Country Club v. Litchfield, 08-C-0194 (La. 12/19/08) [32 pp.]
From LSCR Volume 17, Issue 1 Sherwood Forest Country Club (Sherwood Forest) was incorporated as a nonprofit Louisiana corporation in 1955. According to its original arti... view full summary |
| CRIMINAL
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| 6. | Medical evidence of Fetal Alcohol Syndrome admitted at trial; capital conviction affirmed.
State v. Brandy Holmes, 06-KA-2988 (La. 12/2/08) [112 pp.]
From LSCR Volume 17, Issue 1 This appears to be the first instance in Louisiana of the admission of medical evidence of Fetal Alcohol Syndrome in a capital case. The def... view full summary |
| DOMESTIC RELATIONS
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| 7. | Parental rights terminated.
State in the Interest of D.L.R., 08-CJ-1541 (La. 12/12/08) [17 pp.]
From LSCR Volume 17, Issue 1 The State appeals the reversal of a judgment terminating parental rights. D.L.R. is a male child born in 2004 during an extramarital relatio... view full summary |