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Showing results for LSCR volume 18 LSCR issue 9
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CONTRACTS

1.Preliminary injunction against foreclosure was proper where issues existed as to forbearance agreement.
Indymac Federal Bank, FSB v. Joel C. Groshong, 2010-CC-1179 (La. 10/01/10) [2 pp.]
From LSCR Volume 18, Issue 9
Plaintiff instituted foreclosure proceedings against defendant. In response, defendant filed a petition for preliminary injunction alleging the parties had entered into a forbearance agreement and t... view full summary
INSURANCE

2.Claims perempted because insureds were deemed to know policy contents.
Charles O. Seruntine, III v. State Farm Fire & Casualty Co., 10-CC-1108 (09/03/10) [1 p.]
From LSCR Volume 18, Issue 9
Plaintiffs sued insurance agents Kert LeBlanc and Dave Felix as a result of insufficient flood insurance coverage on plaintiffs' properties in St. Bernard Parish, which were severely d... view full summary
CIVIL PROCEDURE

3.District Court improperly granted declaratory relief at hearing on preliminary injunction.
Farmer's Seafood Company, Inc. v. State of Louisiana through the Department of Public Safety 2010- CA-1534 (La. 09/03/10) [3 pp.]
From LSCR Volume 18, Issue 9
Plaintiffs, Farmer's Seafood Company, Inc., Alex S. Mijalis, John Cosse, and Johnny Mijalis, filed a petition for injunctive relief, naming the State as a defendant. The petition sought... view full summary
4.Direct Action Statute prohibits reference to venue exceptions in Code of Civil Procedure articles 71-85.
Joseph C. Trascher v. Northrop Grumman Ship Systems, Inc., 2010-CC-1287 (La. 09/17/10) [4 pp.]
From LSCR Volume 18, Issue 9
Plaintiffs filed suit in Orleans Parish against several defendants based on alleged asbestos exposure to their decedent during his employment at Avondale Shipyards in Jefferson Parish. Commercial Un... view full summary
5.District court did not abuse its discretion in excluding untimely affidavit opposing summary judgment.
Richard J. Guillory, Sr. v. Dr. Michael Chapman, 2010-C-1370 (La. 09/24/10) [1 p.]
From LSCR Volume 18, Issue 9
In this medical malpractice action, defendants filed a motion for summary judgment, which was set for hearing. The hearing was reset for 1 month later upon request of plaintiff's counsel, who had a ... view full summary
6.Constitutionality of statute could not be raised in supporting memorandum.
Daisy Lucero Marcile v. Neal Dauzat, 2010-CA-1822 (La. 09/24/10) [2 pp.]
From LSCR Volume 18, Issue 9
Plaintiffs sued Neal Dauzat and the City of Marksville. Although La. R.S. Section 13:5105(A) generally prohibits jury trials in cases brought against political subdivisions, Section 13:510... view full summary
STATE AND LOCAL GOVERNMENT

7.Assessor had no right of action to challenge the administration of taxes assessed against public service property.
Clyde A. "Rock" Gisclair v. The Louisiana Tax Commission, 2010-C-0563 (La. 09/24/10) [15 pp.]
From LSCR Volume 18, Issue 9
Plaintiff, assessor for St. Charles Parish, filed suit to challenge the constitutionality of the Louisiana Tax Commission's administration of ad valorem taxes assessed against Entergy's public servi... view full summary
WORKERS' COMPENSATION

8.Plaintiffs did not meet intentional act exception to workers' compensation law.
Melvin Batiste v. Bayou Steel Corp., 2010-CC-1561 (La. 10/01/10) [4 pp.]
From LSCR Volume 18, Issue 9
Melvin Batiste began his employment with defendant in 1981. From 1987 until 2004, his primary responsibilities included installing new electrodes on the electrode arms of the No. 1 Furnace. He perfo... view full summary
CRIMINAL

9.Co-defendants confession after serving sentence could not be basis for defendant's post-conviction relief.
State of Louisiana v. Mark Singer, 2009-KP-2167 (La. 10/01/10) [2 pp.]
From LSCR Volume 18, Issue 9
Defendant filed an application for post-conviction relief based on the fact that his co-defendant had confessed to committing the crime for which defendant had been convicted. The confession occurre... view full summary