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Showing results for LSCR volume 17 LSCR issue 12
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INSURANCE

1."Excluded driver" under auto liability policy is not covered by UM.
Theodore Filipski v. Imperial Fire and Casualty, 2009-CC-1013 (La. 12/01/09) [6 pp.]
From LSCR Volume 17, Issue 12
          Plaintiff Theodore Filipski, III was struck by an uninsured drunk driver. As a result of the accident, plaintiff filed the instant suit agai... view full summary
CIVIL PROCEDURE

2.Payment by insurer of med-pay to plaintiff does not acknowledge tort claim and interrupt prescription.
Robert Titus, II v. IHOP Restaurant, 2009-CC-0951 (La. 12/01/09) [9 pp.]
From LSCR Volume 17, Issue 12
On April 13, 2007, plaintiff Robert Titus slipped and fell in an IHOP Restaurant in Lafayette Parish, Louisiana. Shortly after the accident, IHOP's insurer, Republic Fire and Casualty (Republic) p... view full summary
3.Hospital service district must be sued in the parish of its domicile; overruling recent precedent.
Susan Black v. St. Tammany Parish Hospital, 2008-CC-2670 (La. 11/06/09) [14 pp.]
From LSCR Volume 17, Issue 12
          Plaintiff Susan Black, a former medical clinic employee, filed a whistle blower action in Washington Parish, where her cause of action alleg... view full summary
4.After sustaining exception of prescription, lower courts erred in failing to allow plaintiffs to amend the petition.
Wyman v. Dupepe Construction, 2009-C-0817 (La. 12/01/09) [2 pp.]
From LSCR Volume 17, Issue 12
          This is the second suit by plaintiffs (Wyman II) involving the same occurrence as their previous suit (Wyman I). This case was dismissed by ... view full summary
JUVENILE

5.Juvenile not entitled to jury trial.
State in the Interest of A.J., 2009-KA0477 (La. 12/01/09) [29 pp.]
From LSCR Volume 17, Issue 12
          The State filed this petition to commence a delinquency proceeding in Orleans Parish Juvenile Court, alleging that A.J., age 14, had committ... view full summary
STATE AND LOCAL GOVERNMENT

6.Board of Tax Appeals has jurisdiction over taxpayer class action.
Michael X. St. Martin v. State of Louisiana, 2009-C-0935 (La. 12/01/09) [9 pp.]
From LSCR Volume 17, Issue 12
          Plaintiffs filed a "Class Action Petition for Damages" (petition) with the Louisiana Board of Tax Appeals (Board). The petition alleged that... view full summary
CONSTITUTIONAL LAW

7.Use of prior misdemeanor conviction to enhance felony sentence does not violate right to jury trial.
State v. Tyrone Jefferson, 2008-KA-2204 (La. 12/01/09) [21 pp.]
From LSCR Volume 17, Issue 12
          Defendant Jefferson was charged by a bill of information with possession of marijuana, second offense, in violation of La.R.S. S 40:966(E)(2... view full summary
CRIMINAL

8.Probable cause determination must occur within 48 hours of arrest, or the prisoner must be released.
State v. Bruce Wallace, 2009-KK-1621 (La. 11/06/09) [14 pp.]
From LSCR Volume 17, Issue 12
          Defendant Wallace was arrested at 12:04 p.m., June 8, 2009, without a warrant, for possession of cocaine. La.R.S. S 40:967(C)(2). Defendant ... view full summary
9.Terry stop allows officer to search suspect, if suspect is seen hiding an object on his person.
State v. Eric Dushon Guillory, 2009-KK-1350 (La. 11/20/09) [7 pp.]
From LSCR Volume 17, Issue 12
          Officer Todd Chaddick was investigating a complaint about increased drug and gang activity in a particular area of Lake Charles, Louisiana. ... view full summary
10.Making threats to assistant D.A. constitutes public intimidation.
State v. Mason Godfrey, 2009-K-0630 (La. 12/01/09) [9 pp.]
From LSCR Volume 17, Issue 12
          Following an incident in the 14th Judicial District Court involving Assistant District Attorney Paul Reggie, the State charged defendant Mas... view full summary
11.Traffic stop allows search of vehicle incident to arrest.
State v. Milton Hunt, 2009-KK-1589 (La. 12/01/09) [14 pp.]
From LSCR Volume 17, Issue 12
          On the night of November 12, 2008, defendant Hunt was pulled over on a traffic stop by officer Corey Himel of the New Orleans Police Departm... view full summary
12.Payment of fine in satisfaction of criminal sentence renders appeal moot.
State v. Justin Malone, 2008-KP-2253 (La. 12/01/09) [22 pp.]
From LSCR Volume 17, Issue 12
          Defendant Malone was charged with the misdemeanor of simple battery, La.R.S. Section 14:35, following a fight which occurred in February, 20... view full summary