Archive of LSCR Articles

Showing results for LSCR volume 17 LSCR issue 6
Jump to a direct Volume/Issue
TORTS

1.Class certification of plaintiffs in mass tort cases construed.
Brooks v. Union Pac. R.R., 2008-C-2035 (La. 5/22/09) [23 pp.]
From LSCR Volume 17, Issue 6
          In 1995, a heavy rainstorm in the City of Oakdale resulted in large scale flooding on the east side of the elevated Union Pacific Railroad (... view full summary
2.UM insurer may exclude double recovery for comp. benefits; collateral source rule inapplicable.
Mary Cutsinger v. Laura Redfern, 2008-C-2607 (La. 5/22/09) [17 pp.]
From LSCR Volume 17, Issue 6
          Plaintiff Mary Cutsinger filed this suit to recover damages for personal injuries arising out of an accident with an automobile driven by de... view full summary
3.Mesothelioma not an occupational disease under 1952 WCA; $2.8 million in damages affirmed.
Ray F. Rando v. Anco Insulations, 2008-C-1163 c/w 2008-C-1169 (05/22/09) []
From LSCR Volume 17, Issue 6
          On September 23, 2005, at 59 years of age, Ray Rando (Rando) was diagnosed with mesothelioma, a cancer caused by exposure to asbestos. In No... view full summary
4.First amendment right to petition does not vitiate tort liability for government corruption.
Astoria Entertainment v. DeBartolo, 2008-C-1690 (La. 5/22/09) [18 pp.]
From LSCR Volume 17, Issue 6
          Plaintiff Astoria Entertainment (Astoria) filed this suit against defendants Edward DeBartolo, Jr. (DeBartolo) and Robert Guidry (Guidry), e... view full summary
CONTRACTS

5.Bankruptcy discharge of unpaid rent does not prevent eviction of public housing tenant. HANO v. Tony Eason, 2009-C-992
(La. 6/26/09) [5 pp.]
From LSCR Volume 17, Issue 6
          Defendant Tony Eason (Eason), leased an apartment from the Housing Authority of New Orleans (HANO), but was periodically delinquent in payin... view full summary
BAR / DISCIPLINARY / ETHICS

6.Discipline imposed for filing malicious prosecution claim based upon disciplinary complaint.
In re: Mordock, 2008-B-1389 (La. 6/19/09) [10 pp.]
From LSCR Volume 17, Issue 6
          Respondent Mordock was charged by ODC with filing a tort suit based upon the defendant's filing of a disciplinary complaint against Mordock'... view full summary
INSURANCE

7.Failure of corporate representative to identify his capacity does not invalidate UM waiver.
Michael Banquer v. Donald Guidroz, 09-C-0466 (La. 5/15/09) [4 pp.]
From LSCR Volume 17, Issue 6
          Plaintiffs Michael and Sandra Banquer filed suit to recover damages for personal injuries that Michael suffered in an automobile accident in... view full summary
8.Absence of insurance company's name on form does not invalidate UM waiver.
Gwen Lynch v. Wendy Kennard, 09-CC-282 (La. 5/15/09) [3 pp.]
From LSCR Volume 17, Issue 6
          Plaintiff Gwen Lynch suffered personal injuries in a motor vehicle accident with a vehicle owned and operated by defendant Wendy Kennard. Ms... view full summary
CIVIL PROCEDURE

9.District court erred in invoking crime-fraud exception to attorney- client privilege; supervisory writ granted.
Craig Stevens Arabie, v. CITGO Petroleum, 09-CC-0569 (La. 5/15/09) [2 pp.]
From LSCR Volume 17, Issue 6
          Plaintiffs filed this suit against, inter alia, CITGO Petroleum Corp. (CITGO) based on a release of hazardous materials from a CITGO waste w... view full summary
10.Defendant still indigent even if his mother is "voluntarily underemployed."
State in the Interest of C.J., 2008-CK-2346 (La. 5/22/09) [2 pp.]
From LSCR Volume 17, Issue 6
          Writ granted. Although a trial court may reassess a determination of indigency at any time, in the present case the juvenile court abused it... view full summary
CRIMINAL

11.Influence of mind-altering substance cannot supply defense of insanity, but may negate specific intent.
State v. Kirk Williams, 2009-KK-1056 (La. 5/13/090 [1 p.]
From LSCR Volume 17, Issue 6
          Writ granted in part: Defense expert Dr. Deland may not give her opinion that defendant was actively psychotic because of the influence of a... view full summary
12.District court properly managed an underfunded indigent defender "morass"; capital conviction affirmed.
State v. Reeves, 2006-KA-2419 (La. 5/5/09) [90 pp.]
From LSCR Volume 17, Issue 6

          Defendant Reeves was charged with the rape and murder of a 4-year-old girl. He was convicted and sentenced to death, based upon a mounta... view full summary
13.Louisiana's "three-right" Boykin rule does not apply to guilty pleas entered in another state.
State v. Roberto Balsano, 2009-KK-0735 (La. 6/19/09) [16 pp.]
From LSCR Volume 17, Issue 6
          The State charged defendant with a violation of La.R.S. Section 14:98, operating a vehicle while intoxicated, fourth offense, on the basis o... view full summary