| WORKERS' COMPENSATION
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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 |
| CRIMINAL
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| 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 |
| ADMINISTRATIVE
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| 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 |