Archive of LSCR Articles

Showing results for LSCR volume 19 LSCR issue 1
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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