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1.Binding arbitration clause inserted into closing documents is valid and enforceable.
Shaun Coleman v. Jim Walter Homes, 2008-CC-1221 (La. 3/17/09) [10 pp.]
From LSCR Volume 17, Issue 3
          In 2004, plaintiffs Shaun Coleman orally contracted with Jim Walter Homes (JWH) to build a residence in Natchitoches. At the closing on Dece... view full summary
2.UM carrier entitled to summary judgment on waiver issue; supervisory writ granted.
Carla Gingles v. Kinnery Dardenne, 2008-C-2995 (La. 3/13/09) [3 pp.]
From LSCR Volume 17, Issue 3
          The instant litigation arises from an automobile accident involving a vehicle operated by the plaintiff Carla Ann Gingles, and owned by her ... view full summary
3.Corporate representative need not recite his authority on UM waiver form.
Grace R. Harper v. Direct General Ins. Co., 08-CC-2874 (La. 2/13/09) [4 pp.]
From LSCR Volume 17, Issue 3
          Plaintiff Billy Joe Ansiel, Jr. suffered personal injuries in an automobile accident involving a vehicle owned by his employer, Sears, Roebu... view full summary
4.Fax filing requires only that the filer "send" the originals within 5 days.
Hunter v. Morton's Seafood Restaurant & Catering, 2008-C-1667 (La. 3/17/09) [11 pp.]
From LSCR Volume 17, Issue 3
          On March 10, 2006, plaintiff Peggy Hunter (Hunter) was injured when she fell as she was leaving defendant Morton's Seafood Restaurant. Almos... view full summary
5.District court must make a specific determination that constitutional issue is essential to disposition of the case.
David Paul Rogoz v. Tangipahoa Parish Council, 08-CA-2789 (La. 1/30/09) [6 pp.]
From LSCR Volume 17, Issue 3
          Plaintiff David Paul Rogoz applied to Tangipahoa Parish for a permit to sell alcoholic beverages at his business, the "Double D Saloon." Pur... view full summary
6.Workers' compensation rulings need not be reheard by a five-judge panel, overruling controlling precedent.
Snowton v. Sewerage and Water Bd., 2008-C-0399 (La. 3/17/09) [15 pp.]
From LSCR Volume 17, Issue 3
          Plaintiff Snowton suffered a work-related injury to his lumbar spine, and thereafter began receiving temporary total disability (TTD) benefi... view full summary

7.Constitution does not require a unanimous jury.
State v. Bertrand c/w State v. Chretien, 2008-KA-2215 (La. 3/17/09) [13 pp.]
From LSCR Volume 17, Issue 3
          Defendants Bertrand and Chretien were each indicted, at separate times and for separate offenses, with felonies punishable by confinement at... view full summary
8.Defendant entitled to hearing as to whether sentence imposed complies with plea agreement.
State v. Byron Morgan, 08-KH-1082 (La. 3/4/09) [2 pp.]
From LSCR Volume 17, Issue 3
          Writ granted in part: "The district court is ordered to appoint counsel for relator and hold a hearing at which it will determine the terms,... view full summary
9.Conviction of possession of stolen things renders robbery conviction double jeopardy.
State ex rel. Bradley v. State of Louisiana, 08-KH-0346 (2/13/09) [2 pp.]
From LSCR Volume 17, Issue 3
          "Writ granted in part. Because relator's prior misdemeanor conviction in the Baker Municipal Court for illegal possession of stolen things i... view full summary
10.State striking 8 of 10 black jurors creates prima facie violation of Batson.
State v. Shawn Drake, 08-K-1194 (La. 1/30/09) [2 pp.]
From LSCR Volume 17, Issue 3
          Defendant entered a challenge, under Batson v. Kentucky, to the State's use of peremptory challenges against black jurors. The State exclude... view full summary
11.Illegal seizure of handgun did not require exclusion of gun as evidence.
State v. Brandon White, 01-KK-1002 (La. 1/21/09) [10 pp.]
From LSCR Volume 17, Issue 3
          Police Officers Stamps and Williams, conducting a routine patrol, observed a moving car whose windows were so heavily tinted that the police... view full summary
12.Plea agreement provisions that violate state law vitiate the agreement.
State ex rel. Charles Williams v. State, 08-KH-1059 (La. 2/6/09) [1 p.]
From LSCR Volume 17, Issue 3
          Pursuant to a plea agreement, the district court suspended relator's sentence for manslaughter and placed him on probation. The court of app... view full summary

13.Injury-related firefighter retirement benefits construed.
Bowers v. Firefighter's Retirement System, 2008-C-1268 (La. 3/17/09) [10 pp.]
From LSCR Volume 17, Issue 3
          Plaintiff Bowers was hired in 1991 by Caddo Fire District no. 4 as a firefighter/operator, and ultimately became Fire Captain. While so empl... view full summary