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Showing results for LSCR volume 17 LSCR issue 5
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CIVIL PROCEDURE

1.Default judgment requires introduction of the insurance policy into evidence.
Arsenio Arias v. Stolthaven New Orleans, 2008-C-1111 (La. 5/5/09) [17 pp.]
From LSCR Volume 17, Issue 5
          Arsenio Arias and his wife filed this suit alleging that Mr. Arias, in the course and scope of his employment with Certified Coating, Inc., ... view full summary
2.Court of appeal has no jurisdiction over Procurement Code appeal.
The Willows v. State, DHHR, 2008-OC-2357 (La. 5/5/09) [12 pp.]
From LSCR Volume 17, Issue 5
          This is an administrative appeal of a lease dispute between the Louisiana Department of Health and Human Resources (DHHR) and The Willows, a... view full summary
BAR / DISCIPLINARY / ETHICS

3.Lawyers disbarred for paying nonlawyers solely on commission for settling cases.
In re: Guirard, 2008-B-2621 (La. 5/5/09) [ 23 pp.]
From LSCR Volume 17, Issue 5

          Respondents Guirard and Pittenger are partners in a law practice operating under the name of E. Eric Guirard and Associates, P.L.C. Resp... view full summary
4.Courtroom outburst and struggle merit suspension.
In re: Greenburg and Lewis, 2008-B-2878 (La. 5/5/09) [13 pp.]
From LSCR Volume 17, Issue 5
          At the trial of a bitterly contested succession matter in the 32nd Judicial District Court for the Parish of Terrebonne, respondent attorney... view full summary
MEDICAL MALPRACTICE

5.Prescription is suspended until notice of review panel's dissolution is sent by certified mail.
Thibodeaux v. Donnell, 2008-C-2436 (La. 5/5/09) [12 pp.]
From LSCR Volume 17, Issue 5
          Plaintiff Kimberly Thibodeaux underwent a caesarean section performed by defendant Dr. James Donnell on November 20, 2003. On November 4, 20... view full summary
TORTS

6.State not a proper defendant in employment discrimination suit by judicial employee.
Dejoie v. Hon. Lloyd Medley, 2008-C-2223 (La. 5/5/09) [18 pp.]
From LSCR Volume 17, Issue 5
          Plaintiff Monique Bossiere Dejoie filed this suit alleging gender and pregnancy discrimination under the Louisiana Employment Discrimination... view full summary
STATE AND LOCAL GOVERNMENT

7.Sales tax dedicated to fireman "salary increase" cannot be used for other payroll expenses.
Local 1442, Prof. Firefighters v. Crowley, 2008-C-1392 (La. 5/5/09) [16 pp.]
From LSCR Volume 17, Issue 5
          In 1981, a special tax election was held in the City of Crowley wherein the voters approved a tax proposition authorizing the City to levy a... view full summary
CRIMINAL

8.State may not retrieve medical or pharmaceutical records without a warrant.
State v. Skinner, 2008-KK-2522 (La. 5/5/09) [11 pp.]
From LSCR Volume 17, Issue 5
          Defendant was charged by bill of information with violating La.R.S. S 40:971(B)(1)(i), which prohibits obtaining a prescription for a contro... view full summary
9.Rules of evidence not applicable in hearing of motion to suppress.
State v. Shirley, 2008-KK-2106 (La. 5/5/09) [15 pp.]
From LSCR Volume 17, Issue 5
          Defendant Rachel Shirley, a minor, ran a stop sign and flipped her vehicle in a one-car accident. Defendant's passenger died as a result of ... view full summary
10.Ineffective assistance claim cannot be based upon counsel's failure to adduce false testimony.
State v. Woodard, 2008-K-0606 (La. 5/5/09) [14 pp.]
From LSCR Volume 17, Issue 5
          Defendant Woodard appeals the denial of his motion for new trial based on ineffective assistance of counsel. Police responded to a call from... view full summary
ADMINISTRATIVE

11.Additional competition will not harm existing common carriers.
Vacuum Truck Carriers v. Louisiana Pub. Service Comm'n, 2008-CA-2340 (5/5/09)[18 pp.]
From LSCR Volume 17, Issue 5
          Plaintiff Vacuum Truck Carriers of Louisiana, Inc. (Vacuum Truck), filed this suit as an appeal from the ruling of the Louisiana Public Serv... view full summary