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Showing results for LSCR volume 18 LSCR issue 6
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TORTS

1.Prescribed tort claims precluded unjust enrichment.
Walters v. Medsouth Record Management, LLC, 2010-CC-0351 c/w 0352 & 0353 (La. 06/04/10) [3 pp.]
From LSCR Volume 18, Issue 6
Plaintiff filed suit alleging damages from defendant's "negligent failure to follow the statutory limits of La. R.S. Section 40:1299.96(A)(2)(b)," by charging plaintiff's attorney a fee for obtaining... view full summary
2.Court reinstates overturned jury verdict.
Melba Lee See v. Entergy Corp., 2010-C-0065 (La. 06/04/10) [2 pp.]
From LSCR Volume 18, Issue 6
In this civil matter the district court overturned the jury's verdict, and the Third Circuit affirmed. In a brief opinion, the Court granted a supervisory writ and reinstated the jury's verdict. The ... view full summary
BAR / DISCIPLINARY / ETHICS

3.Court prohibits judge from entering juvenile court during pendency ofproceedings and maintains seal on portion of record.
In Re: Judge David Bell, No. 2010-O-1251 (La. 06/15/10) [1 p.]
From LSCR Volume 18, Issue 6
On the recommendation of the Judiciary Commission, the Court ordered Judge David Bell, Orleans Parish Juvenile Court, disqualified from exercising any judicial function during the pendency of thesepr... view full summary
CIVIL PROCEDURE

4.Plaintiff could not benefit from reversal of defendant's dismissal.
Zaidra Ardith Grimes v. Louisiana Medical Mutual Ins. Co., 2010-C-0039 (La. 05/28/10) [3 pp.]
From LSCR Volume 18, Issue 6
Zaidra Grimes delivered a baby at Woman's Hospital under the care of Dr. Karen Solar, an obstetrician/gynecologist. The baby, Zavian Walker, suffered a brachial plexus injury during the delivery.Grim... view full summary
MEDICAL MALPRACTICE

5.Court addresses claims based on doctor's deposition testimony.
Margaret Acara v. Bradley Banks, M.D., 2010-CC-0741 (La. 06/18/10) [2 pp.]
From LSCR Volume 18, Issue 6
In a prior case, plaintiff had filed a personal injury claim. Defendant was deposed concerning plaintiff's medical condition. Plaintiff later filed the instant medical malpractice suit against defend... view full summary
STATE AND LOCAL GOVERNMENT

6.Attorneys fee award reduced in expropriation case.
State v. Paul Henry Wagner, 10-C-0050 (La. 05/28/10) [2 pp.]
From LSCR Volume 18, Issue 6
In connection with a road project, the Department of Transportation and Development (DOTD) expropriated land from defendant. As compensation, the DOTD deposited $85,080 into the registry of thedistri... view full summary
CRIMINAL

7.Post-conviction claims may fit exception to time limit.
State v. Antoine Williams, 2009-KH-1750 (La. 05/28/10) [2 pp.]
From LSCR Volume 18, Issue 6
Article 930.8 of the Louisiana Code of Criminal Procedure provides that applications for post- conviction relief must be filed within 2 years of the time that a defendant's judgment of conviction bec... view full summary
8.Termination of probation was improper.
State v. Fouad Zeton, 2009-KP-1683 (La. 05/28/10) [2 pp.]
From LSCR Volume 18, Issue 6
In this case, the district court granted defendant's motion to terminate his 3-year term of probation before defendant had completed state supervision on his executory term of imprisonment and before... view full summary
9.Defendant was not detained during consensual search of residence.
State v. Reginald Aites, 2010-KK-0667 (La. 05/28/10) [3 pp.]
From LSCR Volume 18, Issue 6
On June 11, 2009, a Port Allen home was burglarized. Items stolen included a Belgium shotgun. Later that evening, the Chief of Police received an anonymous tip, telling him that he would find 2 young... view full summary
10.Defendant entitled to transcript of voir dire for post-conviction claim.
State v. Albert Bernard, 2009-KH-1552 (06/04/10) [1 p.]
From LSCR Volume 18, Issue 6
In this brief opinion, the Court granted defendant's application for a supervisory writ in part. It explained that defendant had identified with reasonable specificity that his constitutional claims ... view full summary
11.Motion to suppress denied where officers inevitably would have discoveredcontraband by lawful means.
State v. Israel Flores, 2010-KK-0960 (La. 06/18/10) [3 pp.]
From LSCR Volume 18, Issue 6
A confidential informant and a co-defendant informed a surveillance team that 30 pounds of marijuana were inside the residence at 5330 Venus Street in New Orleans. This information was conveyedto off... view full summary
12.On rehearing, Court rejects argument that 2 justices should have recusedthemselves.
State v. Lawrence Jacobs, 2009-K-1304 (La. 06/18/10) [3 pp.]
From LSCR Volume 18, Issue 6
The Court granted rehearing in part as to its decision of April 5, 2010, reported in the April 2010 issue of Louisiana Supreme Court Reports. Defendant originally was convicted of first degree murder... view full summary
13.Court deems prosecution timely.
State v. Toney D. Baptiste, No. 2008-K-2468 (La. 06/23/10) [2 pp.]
From LSCR Volume 18, Issue 6
On June 19, 2004, Plaquemines Parish issued an arrest warrant for defendant in the instant matter. Subsequently, defendant was incarcerated in St. Charles Parish on December 30, 2004, for a probation... view full summary