Archive of LSCR Articles

Showing results for LSCR volume 20 LSCR issue 1
Jump to a direct Volume/Issue
BAR/DISCIPLINARY/ETHICS

1.Judge publicly censured after assisting niece to obtain protective order in domestic dispute.
In Re: Judge Robert E. Burgess, 2011-O-2182 (La. 01/24/12) [14 pp.]
From LSCR Volume 20, Issue 1
Judge Robert E. Burgess of the 42nd Judicial District, Parish of DeSoto, attempted to assist his niece, who was involved in a divorce proceeding, to obtain a protective order against her husband in... view full summary
2.Justice of the Peace publicly censured for misconduct in notarizing act of donation of land to son.
In Re: Justice of the Peace Herbert G. Williams, Jr., 2011-O-2243 (La. 01/24/12) [13 pp.]
From LSCR Volume 20, Issue 1
Herbert G. Williams, Jr. is a Justice of the Peace for the Parish of Plaquemines. As an ex officio notary public by virtue of his position, he notarized an act of donation on February ... view full summary
TORTS

3.Deviation in sidewalk did not create unreasonable risk of harm.
Arlene Chambers v. Village of Moreauville, 2011-C-898 (La. 01/24/12) [19 pp.]
From LSCR Volume 20, Issue 1
In 2008, plaintiff was walking home from a funeral when she tripped and fell because her boot caught a one-and-one-quarter to one-and-one-half inch ledge in the sidewalk. She sustained a comminuted ... view full summary
CIVIL PROCEDURE

4.Act of correction could be used to correct erroneous cancellation of mortgage in public records.
First National Bank, USA v. DDS Construction, LLC, 2011-C-1418 (La. 01/24/12) [29 pp.]
From LSCR Volume 20, Issue 1
In January 2006, DDS Construction, Inc. granted First National Bank a Construction Mortgage over individual lots in Homewood Place subdivision, which DDS was developing in Reserve. The Construction ... view full summary
5.Commencement of peremptive periods for legal malpractice cannot be suspended by continuous representation rule.
Laurie Jenkins v. Larry G. Starns, 2011-C-1170 (La. 01/24/12) [32 pp.]
From LSCR Volume 20, Issue 1
In this case, plaintiff sued defendant, her former attorney, for malpractice. A contractor had agreed to construct a metal building for plaintiff. After the building was completed, issues arose rega... view full summary
STATE AND LOCAL GOVERNMENT

6.Tobacco Tax Law imposed excise tax on distributer of smokeless tobacco products.
McLane Southern, Inc. v. Cynthia Bridges, 2011-C-1141 (La. 01/24/12) [14 pp.]
From LSCR Volume 20, Issue 1
Plaintiff, located in Mississippi, is a wholesale seller of smokeless tobacco products to retail establishments in Louisiana. Manufacturers sell the smokeless tobacco products to their ... view full summary
7.Political subdivision cannot waive prohibition against jury trials on case-by- case basis; vicariously liable insurer not entitled to separate trial by jury.
Dr. Kaleem Arshad v. The City of Kenner, 2011-CC-1579 c/w 2011-CC-1814 (La. 01/24/12) [27 pp.]
From LSCR Volume 20, Issue 1
In 2008, plaintiffs filed suit against the City of Kenner, the Kenner Police Department, the Kenner Chief of Police, several police officers, and the City's liability insurers. Plaintiffs alleged of... view full summary
WORKERS' COMPENSATION

8.Employee not entitled to recover payments made by Medicaid or amount written off by Medicaid providers.
Jerry Wayne Benoit v. Turner Industries Group, L.L.C., 2011-C-1130 (La. 01/24/12) [29 pp.]
From LSCR Volume 20, Issue 1
In this workers' compensation case, plaintiff sought indemnity benefits and medical expenses from his employer, Turner Industries Group, L.L.C. He alleged he developed acute myeloid leukemia during ... view full summary
CRIMINAL

9.Court upheld pre-amendment version of statute allowing crime lab reports in lieu of live testimony.
State v. Dion P. Simmons, 2011-K-1280 (La. 01/20/12) [8 pp.]
From LSCR Volume 20, Issue 1
New Orleans police officers arrested defendant after seeing him discard what a crime lab later determined were fourteen individually wrapped rocks of cocaine. He was charged with posse... view full summary
10.Court could not consider constitutionality of jury trial waiver provision in Louisiana Constitution sua sponte.
State v. Timothy Bazile, 2011-KK-2201 (La. 01/24/12) [10 pp.]
From LSCR Volume 20, Issue 1
To prevent perceived abusive practices by defendants in criminal cases exercising waivers of jury trials to disrupt trial schedules, the Legislature proposed and voters approved La. Const. art. I, S... view full summary
11.Amendments to sex offender registry provisions during multiple offender's ten year registration period imposed lifetime registration requirement.
Jimmy L. Smith v. State of Louisiana, 2010-C-1140 (La. 01/24/12) [19 pp.]
From LSCR Volume 20, Issue 1
In 1995 defendant, then nineteen, had sex with a female who was under the age of seventeen in the back of a truck while a friend drove them from East Baton Rouge Parish to East Feliciana Parish. Def... view full summary