| CIVIL PROCEDURE
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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 |