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Showing results for LSCR volume 17 LSCR issue 7
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MEDICAL MALPRACTICE

1.Petition adding new plaintiff does not relate back under art. 1153; overruling recent precedent.
Warren v. Louisiana Medical Mut. Ins. Co., 2007-CC-0492 (La. 6/26/09) [30 pp.]
From LSCR Volume 17, Issue 7
          In this opinion on rehearing, the Court overrules its original opinion, reported in December, 2008 LSCR.
     &... view full summary
CIVIL PROCEDURE

2.Supplemental petition to correct the party plaintiff cannot "relate back," and avoid peremption.
Benny Naghi v. Lisa Brener, 2008-CC-2527 (La. 06/26/09) [15 pp.]
From LSCR Volume 17, Issue 7
          Plaintiffs Benny and Ephraim Naghi had engaged attorney Lisa Brener to represent them in a claim for damages which arose on October 26, 2005... view full summary
3.Unconditional tender by insurer acknowledged obligation, interrupted prescription.
Demma v. Auto. Club Inter-Insurance Exchange, 08-C-2810 (La. 6/26/09) [18 pp.]
From LSCR Volume 17, Issue 7
          On May 3, 2005, Marco Demma, III (Demma) was operating a vehicle that was insured by a policy issued by Automobile Club Inter-Insurance Exch... view full summary
STATE AND LOCAL GOVERNMENT

4.Murder investigation documents are public records. In re: A Matter Under Investigation, and
John and Jane Does v. Charles C. Foti, 2007- KK-1853 c/w 2007- KK-1870 c/w 2008- CC-1066 (La. 7/1/09) [49 pp.]
From LSCR Volume 17, Issue 7
          These three, consolidated writ applications involve the disposition of documentary evidence that (1) was seized or subpoenaed from hospitals... view full summary
TORTS

5.Court of appeal erred in increasing damage award.
Guillory v. Lee, 2009-C-0075 (La. 6/26/09) [39 pp.]
From LSCR Volume 17, Issue 7
          Plaintiff Byron Guillory filed this suit to recover damages for personal injuries he allegedly suffered when his pickup truck was struck on ... view full summary
BAR / DISCIPLINARY / ETHICS

6.Judge's membership in qualified antidrug organization improper, but no discipline imposed.
In re: Morvant, 2009-O-0747 (La. 6/26/09) [12 pp.]
From LSCR Volume 17, Issue 7
          Respondent was elected in 1997 to the Nineteenth Judicial District Court and has served continuously since that time. Until December, 2002, ... view full summary
INSURANCE

7.Self-insurer's excess policy is "reinsurance," not covered by LIGA.
La. Safety Ass'n of Timbermen Self-Insurers v. La. Ins. Guar. Ass'n., 2009-C-0023 (La. 6/26/09) [15 pp.]
From LSCR Volume 17, Issue 7
          Plaintiff Louisiana Safety Association of Timbermen (LSAT) is a nonprofit corporation formed pursuant to La.R.S. SS 23:1195-1200.5 to allow ... view full summary
CRIMINAL

8.Accomplice" instruction unnecessary if testimony is corroborated.
State v. Hollins, 2008-K-1033 (La. 6/26/09) [9 pp.]
From LSCR Volume 17, Issue 7
          Defendant Hollins and his friend Jonathan Fields were in Hollins's car when they were pulled over by Officer Dwayne Wheeler for not wearing ... view full summary
ADMINISTRATIVE

9.District court does not have original jurisdiction of tax assessment challenge.
Clyde A. "Rock" Gisclair v. La. Tax Comm'n, 2009-C-0007 (La. 6/26/09) [11 pp.]
From LSCR Volume 17, Issue 7
          Plaintiff Clyde A. "Rock" Gisclair, as tax assessor for the parish of St. Charles, filed a petition seeking review of the Louisiana Tax Comm... view full summary