| TORTS
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| 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)
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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
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| 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
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| 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
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| 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
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| 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
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| 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 |