Archive of LSCR Articles
Showing results for LSCR volume 19 LSCR issue 5 | Jump to a direct Volume/Issue
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| CONTRACTS
| | 1. | State's claim under bid law survived exception of no cause of action.
State v. Infinity Surety Agency, L.L.C., 2010-C-2264 (La. 05/20/11) [14 pp.]
From LSCR Volume 19, Issue 5In May 2008, the State issued a project manual and bid specifications to remove and replace existing
cabins at Bayou Segnette State Park in Westwego. The project manual required bids to be accompani... view full summary | | MEDICAL MALPRACTICE
| | 2. | Fault reapportioned by court of appeal and Supreme Court.
Jonathon Johnson v. Morehouse General Hospital, 2010-C-0387 c/w 2010-C-0488 (La. 05/10/11) [54 pp.]
From LSCR Volume 19, Issue 5On November 4, 1999, Dr. John Ziegler performed an emergency C-section at Morehouse General
Hospital on Belinda Johnson, an insulin dependent diabetic who was approximately thirty-seven weeks pregna... view full summary | | TORTS
| | 3. | Suit against immune statutory employer interrupted prescription as to third party tortfeasor.
Mitchell S. Glasgow v. PAR Minerals Corp., 2010-C-2011 (La. 05/10/11) [19 pp.]
From LSCR Volume 19, Issue 5On September 27, 2007, plaintiff was injured in a fire at an oil well site. Prior to that time, PAR
Minerals, Inc. had contracted with mineral owners to produce oil and gas at the site. PAR, in turn... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 4. | Justice of the Peace suspended for purporting to grant divorce.
In Re: Justice of the Peace Roger Adams, 2011-O-0121 (La. 05/10/11) [12 pp.]
From LSCR Volume 19, Issue 5Over thirteen years ago, Roger Adams, who is not a lawyer, assumed the office of Justice of Peace,
Ward 7, 12th District, Parish of Avoyelles. He served continuously since that time, save a prior 1... view full summary | | INSURANCE
| | 5. | R.S. Section 22:1335 requires proof of mailing nonrenewal notice, not proof of receipt.
Janis Losey Johnson v. Louisiana Farm Bureau Casualty Ins. Co., 2011-C-0476 (La. 05/06/11) [3 pp.]
From LSCR Volume 19, Issue 5Defendant issued a homeowner's insurance policy to plaintiff. The policy was due to expire July 10,
2007. Because plaintiff's house had become an unacceptable risk, defendant mailed a notice of nonr... view full summary | | 6. | Parties could contract to prohibit post-loss assignment of rights under insurance policy.
In Re: Katrina Canal Breaches Litigation, 2010-CQ-1823 (La. 05/10/11) [14 pp.]
From LSCR Volume 19, Issue 5To provide relief in the aftermath of Hurricanes Katrina and Rita, Congress appropriated federal
funds to affected states. Louisiana distributed some of those funds via the "Road Home" program, whic... view full summary | | PROPERTY
| | 7. | Ownership of disputed property determined by Civil Code art. 794.
Loutre Land & Timber Co. v. Wilton A. Roberts, 2010-C-2327 (La. 05/10/11) [11 pp.]
From LSCR Volume 19, Issue 5This case involved a dispute over a tract of land between two contiguous pieces of property. The
Marie Wilson Morgan family owned a tract described as the "Section 3 Tract." Directly south of that t... view full summary | | DOMESTIC RELATIONS
| | 8. | De novo review of relocation request not warranted even though district court did not expressly consider each factor of Section 9:355.12.
Robert Malcolm Gathen v. Vanessa K. Gathen, 2010-CJ-2312 (La. 05/10/11) [30 pp.]
From LSCR Volume 19, Issue 5Robert and Vanessa Gathen met in the state of Washington and were married in California in 1996.
After their first child was born in 1997, they moved to Thibodaux, where Robert's family resided. The... view full summary | | CRIMINAL
| | 9. | State had power to file second bill of information after continuance was denied.
State v. Alvin King, 2010-K-2638 (La. 05/06/11) [10 pp.]
From LSCR Volume 19, Issue 5 Defendant was charged with issuing worthless checks by a bill of information filed in March 2008.
Trial was scheduled for March 23, 2009. On that date, the State moved for a continuance because it ... view full summary | | 10. | Gun under driver's thigh could be basis of passenger's firearms charge.
State v. Mark Rainey, 2011-KK-0569 (La. 05/06/11) [2 pp.]
From LSCR Volume 19, Issue 5Defendant was a passenger in a vehicle during a traffic stop. Police witnessed him abruptly move
his arm from the driver to the passenger side of the car. A firearm was found under the driver's righ... view full summary | | 11. | In 25-year-old direct appeal of death sentence, Court remands for evidentiary hearing on claim of ineffective assistance during penalty phase.
State v. Thomas Sparks Jr. a/k/a Abdullah Hakim El-Mumit, 1988-KA-0017 (La. 05/10/11) [93 pp.]
From LSCR Volume 19, Issue 5In 1984, defendant robbed a bank in New Orleans. The next day, he was driving from Amite to
Hammond when he observed a marked police car behind him. He pulled into the parking lot of a restaurant, a... view full summary |
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