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Showing results for LSCR volume 19 LSCR issue 12
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TORTS

1.Class certification reversed in toxic tort litigation.
Roger E. Price v. Roy O. Martin, 2011-C-0853 (La. 12/06/11) [28 pp.]
From LSCR Volume 19, Issue 12
The Dura-Wood Treating Company operates a wood-treating facility in Alexandria, Louisiana. In 2003, five plaintiffs residing and owning property near the facility filed suit individually... view full summary
2.No violation of privacy where auto insurer produced medical records pursuant to subpoena.
Matthew G. Alessi v. Thomas E. Loehn, 2011-CC-1914 (La. 12/16/11) [6 pp.]
From LSCR Volume 19, Issue 12
In 2005, plaintiff made a claim against Safeway Insurance Company of Louisiana after being involved in an auto accident with a Safeway insured. Plaintiff submitted his medical records a... view full summary
INSURANCE

3.Section 22:658(A)(3) does not require proof of insurer's bad faith; Section 22:1220(C) caps penalties at $5,000 when damages are not proven.
Geraldine Oubre v. Louisiana Citizens Fair Plan, 2011-C-0097 (La. 12/16/11) [32 pp.]
From LSCR Volume 19, Issue 12
Plaintiffs, individually and as purported class representatives, sued defendant. They alleged that they were insureds of defendant when Hurricane Katrina struck and that, although they suffered pro... view full summary
CIVIL PROCEDURE

4.Scheduling a Rule 10.1 discovery conference is a "step" sufficient to prevent abandonment.
The Louisiana Department of Transportation and Development v. Oilfield Heavy Haulers, L.L.C., 2011- C-0912 (La. 12/06/11) [17 pp.]
From LSCR Volume 19, Issue 12
In August 2006, the DOTD filed suit against defendants for property damage to two overpasses of the I-10 in Acadia Parish. It alleged a vehicle owned by Oilfield Heavy Haulers (Haulers) was carrying... view full summary
STATE AND LOCAL GOVERNMENT

5.Expelled student failed to prove denial of due process in suit against School Board.
Melanie Christy v. Dr. Sandra McCalla, 2011-C-0366 (La. 12/06/11) [27 pp.]
From LSCR Volume 19, Issue 12
On October 6, 2003, Justin Christy, a senior at Captain Shreve High School in Shreveport, brought his backpack into his first period class, and a fifth-sized whiskey bottle fell out and broke on the... view full summary
CRIMINAL

6.Court affirms defendant's conviction and death sentence for murders of his wife and mother-in-law.
State v. Lee Roy Odenbaugh, Jr., 2010-KA-0268 (La. 12/06/11) [73 pp.]
From LSCR Volume 19, Issue 12
In December 2006, defendant got into an altercation with his wife, step-daughter, and mother-in-law at the residence he shared with his wife and step-daughter. Defendant left the scene in his truck,... view full summary
7.Evidence of defendant's prior sexual acts with minor female admissible in trial for aggravated incest as to defendant's son.
State v. Michael Anthony Wright, 2011-K-0141 (La. 12/06/11) [18 pp.]
From LSCR Volume 19, Issue 12
Defendant was charged with aggravated incest as to his son, BK. Defendant and BK's mother were never married, and BK lived intermittently with defendant as a teenager. During that time, defendant be... view full summary
8.Exigent circumstances justified officers' entrance into structure behind residence.
State v. Dorance Fleming, 2011-KK-1736 (La. 12/16/11) [1 p.]
From LSCR Volume 19, Issue 12
The district court granted a motion to suppress filed by defendant, challenging a warrantless search of a structure behind a residence. In a one-paragraph opinion, the Court determined that defendan... view full summary
9.Assuming warrant was required for buccal sample from defendant, State had met its burden.
State v. Charles Franklin, 2011-KK-1909 (La. 12/16/11) [4 pp.]
From LSCR Volume 19, Issue 12
Defendant was indicted on three counts of first degree murder. The district court issued a warrant for the State to obtain a buccal sample (which is taken from inside the cheek) from defendant. The ... view full summary