Archive of LSCR Articles
Showing results for LSCR volume 19 LSCR issue 1 | Jump to a direct Volume/Issue
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| MEDICAL MALPRACTICE
| | 1. | Expert testimony was required to defeat summary judgment. Sharon Shultz v. Janos Guoth, M.D., 2010-CC-0343 (La. 01/19/11) [18 pp.] From LSCR Volume 19, Issue 1 In November 2002, Leanne Brow, who was 15-years-old and 6 months pregnant, arrived at Oakdale
Community Hospital complaining of severe... view full summary | | TORTS
| | 2. | Employee's consent to DNA testing destroyed invasion of privacy claim. Frank Tate v. Woman's Hospital Foundation, 2010-C-0425 (La. 01/19/11) [8 pp.] From LSCR Volume 19, Issue 1 Plaintiff was employed by defendant in its maintenance department. In 2006, one of his co-workers
reported that someone had "put urine... view full summary | | BAR/DISCIPLINARY/ETHICS
| | 3. | Court accepts Porteous's voluntary resignation from practice of law. In Re: G. Thomas Porteous, Jr., 11-OB-0078 (La. 01/12/11) [1 p.] From LSCR Volume 19, Issue 1 On December 8, 2010, respondent was impeached and removed from his office as a federal judge.
He petitioned to voluntarily resign ... view full summary | | CONTRACTS
| | 4. | Court modifies prior opinion to reinstate wrongful seizure claim. The Bank of New York v. Kathleen Johnson Parnell, 2010-C-0435 (La. 01/14/11) [2 pp.] From LSCR Volume 19, Issue 1 In an opinion issued November 20, 2010 (see LSCR Vol. 18, No. 12, December 2010 issue), the
Court reinstated the district court's summ... view full summary | | STATE AND LOCAL GOVERNMENT
| | 5. | R.S. Section 26:583(C)(2) upheld: not a local or special law. Deer Enterprises, LLC v. Parish Council of Washington Parish, 2010-CA-0671 (La. 01/19/11) [16 pp.] From LSCR Volume 19, Issue 1 Parishes and municipalities have the authority to hold local-option elections to prohibit the sale of
alcohol within their political s... view full summary | | 6. | Statute imposes time limit for motion picture investor tax credits. Red Stick Studio Development, L.L.C. v. State of Louisiana, 2010-C-0193 (La. 01/19/11) [21 pp.] From LSCR Volume 19, Issue 1 Louisiana provides for certain motion picture investor tax credits, including tax credits for "State-
certified infrastructure proje... view full summary | | WORKERS' COMPENSATION
| | 7. | Injured worker furloughed after hurricane not entitled to benefits. Emile Poissenot v. St. Bernard Parish Sheriff's Office, 2009-C-2793 (La. 01/09/11) [18 pp.] From LSCR Volume 19, Issue 1 Plaintiff was employed by the St. Bernard Parish Sheriff's Office (SBPSO) as a deputy sheriff at a
juvenile detention center. In Septe... view full summary | | 8. | Plaintiff's claim of unwitnessed injury not credible. Kenneth Ardoin v. Firestone Polymers, LLC, 2010-C-0245 (01/19/11) [14 pp.] From LSCR Volume 19, Issue 1 Plaintiff worked as a batch lab analyst for defendant. He was required to ride a bicycle to a reactor
unit, climb 28 stairs, collect s... view full summary | | 9. | Value of plaintiff's fringe benefits should not be included in weekly wage. Ellis Hargrave v. State of Louisiana, 2010-C-1044 (La. 01/19/11) [12 pp.] From LSCR Volume 19, Issue 1 Plaintiff was employed by the State, through the Department of Transportation and Development
(DOTD), as a mobile machine operator. He... view full summary | | CRIMINAL
| | 10. | District Court erred in finding no probable cause for arrest. State v. Jason Dauzart, 2010-KK-2867 (La. 01/03/11) [1 p.] From LSCR Volume 19, Issue 1 Defendant was arrested for possession of a firearm as a convicted felon. The district court found no
probable cause for arrest and gra... view full summary | | 11. | Indigent defendant entitled to ex parte hearing on request for expert funds. State v. Robert Carley, 2010-KD-2768 (La. 01/07/11) [1 p.] From LSCR Volume 19, Issue 1 An indigent defendant requested governmental funding to secure an expert. Defendant argued that
he would be prejudiced by disclosing h... view full summary | | 12. | Armed robbery of about $10 results in 99-year sentence for 4th offender. State v. Edward Charles Jackson, 2009-K-2406 (La. 01/19/11) [14 pp.] From LSCR Volume 19, Issue 1 Defendant was charged with armed robbery and possession of a firearm by a convicted felon.
Evidence at his bench trial s... view full summary | | 13. | Contractor fraud results in unauthorized use of movable conviction. State v. Grady N. Greene, 2009-K-2723 (La. 01/19/11) [14 pp.] From LSCR Volume 19, Issue 1 Defendant, a self-described contractor, came to New Orleans in March 2006 to take advantage of
reconstruction opportunities following ... view full summary | | 14. | Evidence suppressed where police entered house that was not abandoned. State v. Ruben Carter, 10-KK-1340 (La. 01/19/11) [7 pp.] From LSCR Volume 19, Issue 1 Responding to a call from a concerned citizen, police officers were directed to 4234 St. Anthony
Avenue in New Orleans. According ... view full summary |
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