Archive of LSCR Articles

Showing results for LSCR volume 18 LSCR issue 7
Jump to a direct Volume/Issue
CONTRACTS

1.Extension of employment contract not triggered.
Kathy Prejean v. Walter Guillory, 2010-C-0740 (La. 07/02/10) [11 pp.]
From LSCR Volume 18, Issue 7
        Plaintiff was the executive director of the Section 8 Housing Program for the Broussard Housing Authority (BHA). By contract, she was employed for 4 yea... view full summary
2.Terminated plaintiff not entitled to profit sharing.
Mark H. Foshee v. Georgia Gulf Chemicals & Vinyls, L.L.C., 2009-C-2477 (La. 07/06/10) [17 pp.]
From LSCR Volume 18, Issue 7
          Plaintiff filed suit against defendant seeking to recover certain profit sharing distributions denied him after he was terminated, as well a... view full summary
TORTS

3.Plaintiffs had constructive knowledge of contamination due to gas leak.
David Hogg v. Chevron USA, Inc., 2009-CC-2632 (La. 07/06/10) [41 pp.]
From LSCR Volume 18, Issue 7
          Plaintiffs own property neighboring a gas station in Ruston. The gas station had 3 underground gasoline storage tanks, which were replaced i... view full summary
BAR / DISCIPLINARY / ETHICS

4.David Bell: record sealed in part; proceedings moot.
In Re: Judge David Bell, 2010-O-1251 (La. 07/02/10) [4 pp.]
From LSCR Volume 18, Issue 7
          On June 2, 2010, the Judiciary Commission filed a pleading with the Court recommending that Judge David Bell of the Orleans Parish Juvenile ... view full summary
INSURANCE

5.Insurance broker had no duty to recommend coverage amounts or determinewhether client was underinsured.
Isidore Newman School v. J. Everett Eaves, Inc., 2009-C-2161 (La. 07/06/10) [14 pp]
From LSCR Volume 18, Issue 7
          The Court granted a supervisory writ. An agent has a duty of "reasonable diligence" to advise the client, but this duty has not been expande... view full summary
6.Any insured can execute a named-driver exclusion.
Ella Hawkins v. Andrew John Redmon, 2009-C-2418 (La. 07/06/10) [14 pp.]
From LSCR Volume 18, Issue 7
          In January 2006, Sandra Redmon, acting as head of the household and with the consent of her husband, Mervin, went to the Cottonport Insuranc... view full summary
PROPERTY

7.All owners of record must receive notice of tax sale.
C&C Energy, L.L.C. v. Cody Investments, L.L.C., 2009-C-2160 (La. 07/06/10) [11 pp.]
From LSCR Volume 18, Issue 7
          In 1992 George and Marilyn Gorsulowsky bought residential property in Caddo Parish. After Marilyn died, a 1995 judgment of possession recogn... view full summary
8.Fact issues existed in predial servitude case.
Roger D. Phipps v. Cynthia Nelson Schupp, 2009-C-2037 (La. 07/06/10) [16 pp.]
From LSCR Volume 18, Issue 7
          In 1978, Richard Katz, the common owner of a parcel of land adjacent to Audubon Park, subdivided the property into 2 lots: 543 Exposition Bo... view full summary
STATE AND LOCAL GOVERNMENT

9.School did not violate reasonable supervision duty when student was raped whilewalking home from school.
S.J. v. Lafayette Parish School Board, 2009-C-2195 (La. 07/06/10) [27 pp.]
From LSCR Volume 18, Issue 7
          During the 2004-05 school term, Lafayette Middle School operated both a tutoring program and a behavior clinic after school. The programs la... view full summary
WORKERS' COMPENSATION

10.Terminated employee injured while cleaning out personal effects entitled toworkers' compensation.
Jerome C. Ardoin, Jr. V. Cleco Power, L.L.C., 2010-C-815 (La. 07/02/10) [4 pp.]
From LSCR Volume 18, Issue 7
          Plaintiff, a Cleco employee, was discharged on a Friday at Cleco's Work Center in Opelousas. Plaintiff's office was located in Eunice. He re... view full summary
11.Video surveillance should be given to IME physician.
Jesse Bazile v. Bayou Steel Corporation, 2010-CC-0982 (La. 07/06/10) [2 pp.]
From LSCR Volume 18, Issue 7
          In this case, Bayou Steel Corporation filed a motion with the Office of Workers' Compensation (OWC) to submit certain evidence to the physic... view full summary
CRIMINAL

12.Death sentence upheld for heinous murder.
State v. Dustin Dressner, 2008-KA-1366 (La. 07/06/10) [54 pp.]
From LSCR Volume 18, Issue 7
          A jury convicted and sentenced defendant to death for the first-degree murder of Paul Fasullo. Evidence at trial revealed defendant spent th... view full summary
13.Probable cause existed for public intoxication arrest.
State v. Thomas Wells, 2008-K-2262 (La. 07/06/10) [29 pp.]
From LSCR Volume 18, Issue 7
          On March 3, 2007, NOPD Officer Parker noticed defendant staggering along the sidewalk on North Galvez Street near Canal Street. Defendant ap... view full summary
14.Inventory search of pill bottle was reasonable.
State v. Porfirio Escoto, 2009-KK-2581 (La. 07/06/10) [13 pp.]
From LSCR Volume 18, Issue 7
          On December 26, 2008, Covington Police Department officers stopped defendant for speeding on Highway 190. He was unable to produce a valid d... view full summary
15.Maximum sentence upheld for vehicular homicide.
State v. Marlyn A. LeBlanc, 2009-K-1355 (La. 07/06/10) [14 pp.]
From LSCR Volume 18, Issue 7
          In the early evening of April 21, 2007, Michael Hardy; his wife, Genevieve; and their children, Kyle and Cristi, were traveling southbound o... view full summary
16.Probable cause existed to search closed containers in car.
State v. August Jackson, 2009-KK-1983 (La. 07/06/10) [13 pp.]
From LSCR Volume 18, Issue 7
          On November 11, 2008, NOPD officers stopped a vehicle for traffic violations. Moments before the car was pulled over, Officer McIver saw def... view full summary