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TORTS

1.Failure to appeal underlying judgment did not bar legal malpractice claim, but lack of expert testimony resulted in summary judgment.
MB Industries, LLC v. CNA Insurance Company, 2011-C-0303 c/w 2011-C-0304 (La. 10/25/11) [23 pp.]
From LSCR Volume 19, Issue 10
In prior litigation, plaintiff sued two former employees for breach of a non-compete agreement and misappropriation of confidential trade secrets. Plaintiff was represented by attorneys John Weinste... view full summary
2.False arrest claim against DSS prescribed when file was closed more than one year earlier.
Kirk Richard v. Kimberly Babin Richard, 2011-C-0229 (La. 10/25/11) [7 pp.]
From LSCR Volume 19, Issue 10
The Department of Social Services (DSS) conducted two investigations of plaintiff in response to reports of child abuse. The first concluded in April 2006, and the second concluded May 29, 2008. At ... view full summary
BAR / DISCIPLINARY / ETHICS

3.Former prosecutor disbarred after accepting bribes.
In Re Flitcher R. Bell, 2011-B-1330 (La. 10/07/11) [6 pp.]
From LSCR Volume 19, Issue 10
Attorney Flitcher R. Bell pleaded guilty to federal charges that while a senior prosecutor at the Baton Rouge City Court, he accepted bribes in exchange for "fixing" criminal and traffic matters. Th... view full summary
4.More violations of Rule XXXIX by justices of the peace.
In Re: Justice of the Peace Tina Revette LaGrange, 2011-O-0714 (La. 10/25/11) [10 pp.]
From LSCR Volume 19, Issue 10
The Court recently promulgated Supreme Court Rule XXXIX, which requires the filing of annual personal financial disclosure statements by judges and justices of the peace. The rule became effective a... view full summary
5.
In Re: Justice of the Peace David E. Cook, 2011-O-0715 (La. 10/25/11) [10 pp.]
From LSCR Volume 19, Issue 10
This case involved the failure to timely file a 2009 personal financial disclosure statement by Justice of the Peace David E. Cook, who assumed office in Bienville Parish in 2008. The Court found th... view full summary
6.
In Re: Justice of the Peace Stacie P. Myers, 2011-O-0874 (La. 10/25/11) [11 pp.]
From LSCR Volume 19, Issue 10
This case involved Justice of the Peace Stacie P. Myers, elected in Pointe Coupee Parish in 2009. The Court found Myers failed to comply with Rule XXXIX and that her failure was willful and knowing.... view full summary
7.
In Re: Justice of the Peace Thomas "Tom" Threet, 2011-O-0875 (La. 10/25/11) [11 pp.]
From LSCR Volume 19, Issue 10
Justice of the Peace Tom Threet was elected in Calcasieu Parish in 2009 and failed to timely file his 2009 financial disclosure. The Court found this failure to be willful and knowing. After being i... view full summary
INSURANCE

8.22:1220 penalties are based solely on consequential damages; plaintiff not entitled to application of amended 22:658 and attorney's fees award.
Ginger Hinch Durio v. Horace Mann Insurance Company, 2011-C-0084 (La. 10/25/11) [26 pp.]
From LSCR Volume 19, Issue 10
In September 2005, plaintiff's home in Lake Charles was covered by a homeowner's insurance policy issued by defendant. On September 24, 2005, it was damaged by Hurricane Rita. Most of ... view full summary
CIVIL PROCEDURE

9.Unconfirmed arbitration award not entitled to res judicata effect.
Interdiction of Harold Otis Wright, No. 2010-CC-1826 (La. 10/25/11) [15 pp.]
From LSCR Volume 19, Issue 10
In 1973, Harold Otis Wright was incapacitated by a medical accident. In 1981, he received damages of approximately $1.7 million. In 1982, the 21st JDC declared him an interdict and issued an order t... view full summary
CRIMINAL

10.State's notice of victim impact evidence was sufficient.
State v. Erik Traczyk, 2011-KK-2149 (La. 10/19/11) [4 pp.]
From LSCR Volume 19, Issue 10
In this first degree murder prosecution, pursuant to State v. Bernard, 608 So. 2d 966 (La. 1992), the State filed notice of its intent to introduce victim impact evidence during the penalty phase of... view full summary
11.Constitutionality of La. Code Crim Proc. art. 496 upheld: it must be read together with art. 202.
State v. Larry Rochon, 2011-KA-0009 (La. 10/25/11) [26 pp.]
From LSCR Volume 19, Issue 10
The State filed a bill of information against defendant alleging he had committed theft of over $500. An arraignment date was set. Defendant, who was not arrested and may have been unaware of the ac... view full summary
12.Officer's retention of defendant's identification did not amount to seizure of defendant.
State v. Terrance A. Martin, 2011-K-0082 (La. 10/25/11) [14 pp.]
From LSCR Volume 19, Issue 10
In 2009, Officer Matthew Gibbs of the Calcasieu Parish Sheriff's Office walked into the Five Star convenience store in Moss Bluff, Louisiana. As he walked in, defendant was walking out. The men knew... view full summary
PROPERTY

13.Severed underground cable claim was governed by negligence principles.
MCI Communications Services, Inc. v. Wayne Hagan, 2011-CQ-1039 (La. 10/25/11) [12 pp.]
From LSCR Volume 19, Issue 10
This case presented a certified question from the U.S. Fifth Circuit Court of Appeals. In 1984, Illinois Central Gulf Railroad agreed to let plaintiff's predecessor install and operate a telecommuni... view full summary