| CONTRACTS
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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 |