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Showing results for LSCR volume 18 LSCR issue 12
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BAR / DISCIPLINARY / ETHICS

1.St. Bernard Parish judge sanctioned for failure to file financial disclosure statement.
In Re: Judge Jacques A. Sanborn, 2010-O-2051 (La. 11/30/10) [9 pp.]
From LSCR Volume 18, Issue 12
On March 26, 2008, the Court issued an order promulgating Supreme Court Rule XXXIX, requiring Louisiana judges and justices of the peace to file yearly financial disclosure statements which become p... view full summary
CIVIL PROCEDURE

2.Plaintiff asserted sufficient facts in petition to annul judgment.
Succession of Harrell v. Erris-Omega Plantation, 2010-C-2059 (La. 12/17/10) [1 p.]
From LSCR Volume 18, Issue 12
On April 20, 2009, the district court rendered judgment against plaintiff. Plaintiff then filed a petition to annul the judgment, which the district court denied. The Third Circuit affirmed. The Cou... view full summary
TORTS

3.Jury's damage awards reinstated.
James Lastrapes v. Progressive Security Insurance Company, 2010-C-0051 (La. 11/30/10) [12 pp.]
From LSCR Volume 18, Issue 12
In November 2004 James Lastrapes was involved in an auto accident caused by Lessie Vizinat. He complained of neck pain 2 days later, saw his family physician, and began a regime of physical therapy ... view full summary
4.Vehicle sale was factual question subject to de novo review.
Mark Allerton v. Leslie Broussard, 2010-C-2071 (La. 12/10/10)[4 pp.]
From LSCR Volume 18, Issue 12
In October 2005, Leslie Broussard was driving a Ford Explorer when she crossed 2 lanes of traffic and struck plaintiff as he stood in a parking lot. Broussard left the scene, prompting an investigat... view full summary
CONTRACTS

5.Yield spread premium paid to mortgage broker not included in HOEPA calculation.
The Bank of New York v. Kathleen Johnson Parnell, 2010-C-0435 (La. 11/30/10) [16 pp.]
From LSCR Volume 18, Issue 12
In 2001Kathleen Parnell executed an adjustable rate promissory note in the amount of $63,200 at an initial yearly interest rate of 12.65%. The note was secured by a mortgage on her home. The lender ... view full summary
INSURANCE

6.No manifest error in finding that notice was mailed.
Marsh Anthony Nolan v. Wilson Mabray, 2010-C-0373 (La. 11/30/10) [12 pp.]
From LSCR Volume 18, Issue 12
On June 18, 2005, Marsh Nolan was struck by a bottle rocket launched by Wilson Mabray, the 19- year-old son of Pat and Sarah Mabray, who were divorced. Louisiana Farm Bureau Mutual Ins... view full summary
7.Class certification reversed in Katrina litigation.
Charles Dupree v. Lafayette Insurance Company, 2009-C-2602 (La. 11/30/10) [48 pp.]
From LSCR Volume 18, Issue 12
In this class action suit, the named representatives are residents of St. Bernard Parish whose homes were insured by defendant. Their petition alleged that although they experienced wind damage to ... view full summary
PROPERTY

8.Judgment mistakenly entered into conveyance records was not judicial mortgage.
Hans Wede v. Niche Marketing USA, LLC, 2010-C-0243 (La. 11/30/10) [15 pp.]
From LSCR Volume 18, Issue 12
In 2005 plaintiff obtained a money judgment against Rodney Whitney, Jr. and Niche Marketing USA, LLC in North Carolina. Mr. Whitney and his wife owned immovable property in St. John the Baptist Pari... view full summary
9.Timber trespass statute does not apply to co-owners of property.
Janice Sullivan v. Priscilla Wallace, 2010-C-0388 (La. 11/30/10) [19 pp.]
From LSCR Volume 18, Issue 12
Plaintiff, Janice Sullivan, and defendant, Bruce Sullivan, purchased a 120-acre tract of land in Claiborne Parish during their marriage. They divorced in 1990 but retained the community... view full summary
JUVENILE

10.Neither termination of parental rights nor family reunification justified.
State in the Interest of H.A.S. and C.W.C., 2010-CJ-1529 (La. 11/30/10) [21 pp.]
From LSCR Volume 18, Issue 12
S.M.S.S. is the biological mother of C.W.C., a boy born April 17, 2000, and H.A.S., a girl born July 11, 2005. H.A.S.'s father is deceased, and C.W.C's father is incarcerated. In February 2007, the ... view full summary
WORKERS' COMPENSATION

11.Surveillance video properly provided to non-IME physicians.
Iberia Medical Center v. Wendy Ward, 2009-C-2705 (La. 11/30/10) [26 pp.]
From LSCR Volume 18, Issue 12
Wendy Ward was employed as a relief food service worker at Iberia Medical Center when she allegedly injured her left hand on February 3, 2006, while moving a large food cart into a se... view full summary
12.PPO discounts for workers' compensation claims upheld.
Agilus Health v. Accor Lodging North America, 2010-C-0800 (La. 11/30/10)[19 pp].
From LSCR Volume 18, Issue 12
Plaintiff is a healthcare provider. In 2004 it executed a contract to join First Health's network of providers and payors. Plaintiff agreed to accept discounted rates from network payors for certain... view full summary
DOMESTIC RELATIONS

13.Court approval not required to transfer asset from separate property to community in contractual regime.
The Succession of William Edward Faget v. Audrey Menard Faget, 2010-C-1088 (La. 11/30/10) [13 pp.]
From LSCR Volume 18, Issue 12
Before marrying in 1977, Dr. William Faget and Audrey Menard entered into a matrimonial agreement establishing a contractual matrimonial regime to remain separate in property. They both... view full summary
14.Final child support award replacing interim award could be retroactive to date of judicial demand.
Christian Vaccari v. Joan Vaccari, 2010-C-2016 (La. 12/10/10) [9 pp.]
From LSCR Volume 18, Issue 12
The parties married in 1989 and have 4 children. Mr. Vaccari filed for divorce in 2004, and Ms. Vaccari filed a response seeking, inter alia, child support. During the initial hearing f... view full summary
15.Court of appeal should not have considered merits of rule improperly continued by district court.
In Re: The Marriage of Erin Blanch and Juan S. Blanch, Jr., 2010-CJ-2725 (La. 12/15/10) [2 pp.]
From LSCR Volume 18, Issue 12
In this domestic case, the district court's custody judgment was on appeal when Juan Blanch, Jr. filed a rule for contempt in the district court, alleging Erin Blanch had violated certain visitation... view full summary
CRIMINAL

16.In camera interview of witnesses by district court improper.
State v. Sullivan Harper and Bernard Harper, 2010-KK-356 (La. 11/30/10) [18 pp.]
From LSCR Volume 18, Issue 12
Defendants were involved in a shoot out in front of the Famous Door Lounge in the French Quarter and charged with attempted first degree murder. Through discovery, defendants sought the correct addr... view full summary
17.Convictions and sentences upheld in death penalty case.
State v. Anthony Bell, 2009-KA-0199 (La. 11/30/10) [43 pp.]
From LSCR Volume 18, Issue 12
Defendant was indicted with the first degree murders of his wife, Erica Bell, and 4 of her relatives, as well as the attempted first-degree murder of Claudia Brown, Erica's mother. Prior... view full summary
18.Ineffective assistance claim not waived by guilty plea.
State v. John W. West, 09-KH-2810 (La. 12/10/10) [2 pp.]
From LSCR Volume 18, Issue 12
Defendant pled guilty to charges against him after consulting with his attorney. He later sought post- conviction relief from the district court, arguing ineffective assistance of counsel. The distr... view full summary
ADMINISTRATIVE

19.Pre-termination hearing did not violate due process.
Theodore Lange v. Orleans Levee District, 2010-C-0140 (La. 11/30/10) [18 pp.]
From LSCR Volume 18, Issue 12
The Orleans Levee District (OLD) hired plaintiff in 1973, and he attained permanent status that year. A civil servant with permanent status cannot be subjected to disciplinary action by his employer... view full summary