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Showing results for LSCR volume 18 LSCR issue 10
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TORTS

1.Oilfield contamination tort claims prescribed; $20 million punitive damages award set aside.
Donald Marin, Sr. v. Exxon Mobil Corporation, 2009-C-2368 c/w 2009-C-2371 (La. 10/19/10) [60 pp.]
From LSCR Volume 18, Issue 10

          Plaintiffs E.F. Marin, III, Veronica Marin Breaux, and Donald Marin inherited 204 acres of marsh and fields in St. Mary Parish burdene... view full summary
2.Damages reduced in chemical leak class action.
Howard v. Union Carbide, 2009-C-2750 (La. 10/19/10) [13 pp.]
From LSCR Volume 18, Issue 10

          On September 10, 1998, a chemical leak occurred at a plant owned by defendant in Taft, Louisiana. As a result of the 17 hour leak, appro... view full summary
3.Retailer had no duty to instruct buyers on fit and wearing of bicycle helmet.
Herman Carrier v. City of Amite, 2010-CC-0007 (La. 10/19/10) [10 pp.]
From LSCR Volume 18, Issue 10

          6-year-old Blake Carrier was injured while riding his bicycle on a municipal tennis court in May2002. He was wearing a bicycle helmet hi... view full summary
CIVIL PROCEDURE

4.Forum non conveniens can be considered prior to improper venue exception.
Latisha Holland v. Lincoln General Hospital, 2010-CC-0038 c/w 1029-CC-0047 (La. 10/19/10) [13 pp.]
From LSCR Volume 18, Issue 10

          Mar'Kirney Holland was born prematurely in November 1999. She and plaintiff, her mother, resided in Lincoln Parish. Mar'Kirney suffere... view full summary
JUVENILE

5.Parental rights terminated under La. Children's Code art. 1015(5).
State in the Interest of H.A.B., 2010-CJ-1111 (La. 10/19/10) [39 pp.]
From LSCR Volume 18, Issue 10

          In April 1999, H.A.B. was born to S.B. and an unknown father. From the outset H.A.B.'s life was subject to numerous investigations by ... view full summary
STATE AND LOCAL GOVERNMENT

6.Orleans Parish Criminal Court procedure violates Louisiana Constitution.
State v. Daniel Smalls, 2009-KK-2695 (La. 10/19/10) [12 pp.]
From LSCR Volume 18, Issue 10

          Defendant was charged with the misdemeanor offense of simple criminal damage to property having a value less than $500. Under the loca... view full summary
7.Termination of 25-year civil service employee was not arbitrary and capricious.
Monna Mathieu v. New Orleans Public Library, 2009-C-2746 (La. 10/19/10) [24 pp.]
From LSCR Volume 18, Issue 10

          Plaintiff was a classified civil service employee with permanent status who had been employed by the City of New Orleans since1983. In... view full summary
DOMESTIC RELATIONS

8.Custody award to mother reversed where she had never requested sole custody.
Bradley Griffith v. Resa Latiolais, 2010-CJ-0754 (La. 10/19/10) [24 pp.]
From LSCR Volume 18, Issue 10

          Plaintiff is the father and defendant is the mother of a son, Cole, born in November 2001. Plaintiff and defendant were not married. F... view full summary
CRIMINAL

9.Grant of new trial under La. Code Crim. P. art. 851(5) reviewable on appeal.
State v. Vedo Guillory, 2010-KK-1231 (La. 10/08/10) [10 pp.]
From LSCR Volume 18, Issue 10

          After a jury trial, defendant was convicted of 2 counts of aggravated rape and 1 count of aggravated incest. He moved for a new trial ... view full summary
10.Errors at habitual offender adjudication not a basis for post-conviction relief.
State v. Ranji Cotton, 2009-KP-2397 (La. 10/15/10) [2 pp.]
From LSCR Volume 18, Issue 10

          Defendant filed an application for post-conviction relief, claiming that he received ineffective assistance of counsel at h... view full summary
11.Refusal to issue subpoena duces tecum for prison record upheld.
State v. Wilbert Marcelin, 2010-KK-2036 (La. 10/15/10) [3 pp.]
From LSCR Volume 18, Issue 10

          In this criminal matter, defendant requested that the district court issue a subpoena duces tecum directing the Criminal Sheriff of Or... view full summary
12.Cell phone chargers are prohibited contraband in jail.
State v. Larry Cager, 2010-KK-2063 (La. 10/15/10) [1 p.]
From LSCR Volume 18, Issue 10

          Recent amendments to La. R.S. Section 14:1402(E)(7) clarified that cellular telephone chargers as well as cellular phones fall under t... view full summary
13.Aggravated burglary committed when defendant bit apprehender outside of house in attempt to escape.
State v. Ronnie Joe Brooks, Jr., 2009-K-2323 (La. 10/19/10) [8 pp.]
From LSCR Volume 18, Issue 10

          On June 13, 2007, Joseph Daniel Smart drove by the home of his girlfriend and called the Arcadia Police Department when he noticed the... view full summary
14.30-year manslaughter sentence not excessive where conduct met requirements for second degree murder.
State v. Larry N. Lewis, Jr., 2009-KP-1404 (La. 10/22/10) [13 pp.]
From LSCR Volume 18, Issue 10

          In March 2005, defendant, then 16-years-old, gathered with 3 other students from his school at a bus stop in Jefferson Parish afte... view full summary
15.Evidence of prior cocaine sales deemed relevant and admissible.
State v. Terrence Roshun Scott, 2009-K-1658 (La. 10/22/10) [14 pp.]
From LSCR Volume 18, Issue 10

          In March and April 2007, a combined task force of the Slidell Police Department and the St. Tammany Parish Sheriff's O... view full summary
16.Convictions and sentences reinstated in juvenile cruelty case.
State v. Alton Lane Strother, 2009-K-2357 (La. 10/22/10) [19 pp.]
From LSCR Volume 18, Issue 10

          On February 2, 2007, Effie LeBleu appeared at Cabrini Hospital in Glenmora, Louisiana, with her 8-month-old daughter. Examination of ... view full summary