Archive of LSCR Articles

Showing results for LSCR volume 19 LSCR issue 3
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CONTRACTS

1.Arbitral award nullified for failure to prove agreement to arbitrate.
FIA Card Services, N.A. v. William F. Weaver (La. 03/15/11) [21 pp.]
From LSCR Volume 19, Issue 3

          Defendant obtained a credit card from plaintiff's alleged predecessor in interest. Plaintiff filed an arbitration claim against him an... view full summary
TORTS

2.Bleachers from which plaintiff fell not unreasonably dangerous.
Jeanine Pryor v. Iberia Parish School Board, 2010-C-1683 (La. 03/15/11) [11 pp.]
From LSCR Volume 19, Issue 3

          In 2004 plaintiff attended a high school football game at Lloyd G. Porter Stadium, a facility owned and maintained by the Iberia Paris... view full summary
INSURANCE

3.Claim for mental anguish damages under Section 22:1220 does not require intent to aggrieve.
Robin L. Wegener v. Lafayette Insurance Co., 2010-C-0810 c/w 2010-C-0811 (La. 03/15/11) [26 pp.]
From LSCR Volume 19, Issue 3

          When Hurricane Katrina struck, plaintiffs' home in the Venetian Isles subdivision in New Orleans was covered by a homeowner's pol... view full summary
CIVIL PROCEDURE

4.No appellate jurisdiction: constitutional issue not essential to appealed judgment.
Daisy Lucero Marcile v. Neal Dauzat, 2011- CA-0099 (03/04/11) [2 pp.]
From LSCR Volume 19, Issue 3

          Plaintiffs sued Neal Dauzat and the City of Marksville. Although La. R.S. Section 13:5105(A) generally prohibits jury trials in ca... view full summary
5.Plaintiffs' membership in putative class action suspends prescriptive period to bring Katrina claims.
Sherry Coleman Taranto v. Louisiana Citizens Property Insurance Corporation, 2010-C-0105 (La. 03/15/11) [46 pp.]
From LSCR Volume 19, Issue 3

          Plaintiffs' home was destroyed in August 2005 as a result of Hurricane Katrina. In response to Hurricanes Katrina and R... view full summary
6.Timeliness of intervention governed by Civ. Proc. art. 1067, not 1153.
Kevin Stenson v. City of Oberlin, 2010-C-0826 (La. 03/15/11) [16 pp.]
From LSCR Volume 19, Issue 3

          This case involves claims by a number of residents of the City of Oberlin for property damage and personal injury caused by sewerage o... view full summary
7.Plaintiffs waived objection to venue ruling by not seeking supervisory writ; district court mishandled peremption issue.
John E. Land, III v. Dennis J. Vidrine, 2010-C-1342 (La. 03/15/11) [12 pp.]
From LSCR Volume 19, Issue 3

          John and Stella Land died in March 2007. They were residents of East Baton Rouge Parish (EBR) and had five children. Plaintiffs are th... view full summary
STATE AND LOCAL GOVERNMENT

8.Agent for purchaser could protest payment of sales tax and sue for refund.
J-W Power Company v. State of Louisiana, 2010-C-1598 (La. 03/13/11) [21 pp.]
From LSCR Volume 19, Issue 3

          J-W Power Company (Power) is a provider of gas-compression services in the oil and gas industry. It entered into full-service agre... view full summary
9.Denial of zoning exception for liquor store upheld.
Roland Toups v. City of Shreveport, 2010-C-1559 (La. 03/15/11) [9 pp.]
From LSCR Volume 19, Issue 3

          Plaintiff, individually and on behalf of Thrift Liquor Store, filed an application with the Shreveport Metropolitan Planning Commissio... view full summary
WORKERS' COMPENSATION

10.Settling employee gets future compensation; employer gets credit toward future medical costs from settlement proceeds.
City of DeQuincy v. Randy James Henry, 2010-C-0070 (La. 03/15/11) [14 pp.]
From LSCR Volume 19, Issue 3

          In November 2000, Randy James Henry, a police officer for the City of DeQuincy, suffered severe disabling injuries when he came into c... view full summary
CRIMINAL

11.Use of handcuffs did not transform investigatory stop into arrest.
State v. Anthony Baudoin, 2010-KK-2868 (La. 03/04/11) [3 pp.]
From LSCR Volume 19, Issue 3

          New Orleans police officers received a tip that three men sitting in a park resembled homicide suspects in a Crime Stop... view full summary
12.No Brady violation shown.
State v. Michael Anderson, 2011-KK-0189 (La. 03/04/11) [2 pp.]
From LSCR Volume 19, Issue 3

          In this brief opinion, the Court vacated the Fourth Circuit's order that the district court hold an evidentiary hearing as to whether ... view full summary
13.Defendant's flight was factor justifying stop in low-crime area.
State v. Johnny Morgan, 2009-KK-2352 (La. 03/13/11) [17 pp.]
From LSCR Volume 19, Issue 3

          Sergeant Greg Brown of the Baker Police Department was patrolling Groom Road at approximately 1:45 a.m. when he observed defendant in ... view full summary
14.Code of Governmental Ethics violation could be basis for malfeasance in office.
State v. Michael Petitto, 2010-K-0581 (La. 03/13/11) [20 pp.]
From LSCR Volume 19, Issue 3

          Defendant, an elected member of the Tangipahoa Parish Council, was indicted on two counts of malfeasance in office, in violation ... view full summary
15.False swearing statute does not require statement made under oath.
State v. James Deron Williams, 2010-KK-1514 (La. 03/15/11) [9 pp.]
From LSCR Volume 19, Issue 3

          Defendant was involved in a fight at a service station in Zwolle, Louisiana. An off-duty Wildlife and Fisheries agent broke up the fig... view full summary
16.Defendant could introduce evidence of mental retardation without limiting instruction.
State v. Isaiah Doyle, 2011-KK-597 (La. 03/23/11) [2 pp.]
From LSCR Volume 19, Issue 3

          The Fifth Circuit ruled that defendant could introduce evidence of mental retardation or diminished capacity at the guilt stage of tr... view full summary