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BAR / DISCIPLINARY / ETHICS

1.Justice Johnson to succeed to office of chief justice as judge oldest in point of service on the Court.
In Re: Office of the Chief Justice, Louisiana Supreme Court, 2012-O-1342 (10/16/12) [23 pp.]
From LSCR Volume 20, Issue 10

          Louisiana Supreme Court Chief Justice Catherine D. Kimball will retire from the Court on January 31, 2013. As to her successor as chie... view full summary
2.Previously removed Jefferson Parish judge disbarred for three years.
In Re Joan S. Benge, 2012-B-0619 (La. 10/16/12) [7 pp.]
From LSCR Volume 20, Issue 10

          In 2001, respondent assumed the office of district judge of the 24th JDC for the Parish of Jefferson. In 2009, she was removed from ju... view full summary
TORTS

3."Excessive force" exception to immunity did not apply to use of force by inmates.
Melissa Taylor v. City of Leesville, 2012-CC-1163 (La. 10/08/12) [1 p.]
From LSCR Volume 20, Issue 10

          Plaintiff sued the City of Leesville and others, alleging she was assaulted and raped by inmates on a work detail. At the time of the ... view full summary
INSURANCE

4.Plaintiff's failure to provide financial information negated claim for penalties and fees in disability claim.
Kenneth Hawkins v. UNUM Life Insurance Company of America, 2012-C-1490 (La. 10/12/12) [4 pp.]
From LSCR Volume 20, Issue 10

          Plaintiff, an attorney, was involved in an auto accident in October 1998 and underwent spinal surgery in November 1999. He submitted a... view full summary
5.Written settlement agreement on property damage claim was not a "proof of loss" to trigger penalties for failure to timely pay under Section 22:1892.
Katie Realty, Ltd. v. Louisiana Citizens Property Insurance Corp., 2012-C-0588 (La. 10/16/12) [14 pp.]
From LSCR Volume 20, Issue 10

          Plaintiff owned commercial property in Houma that was damaged by Hurricane Gustav. It filed suit against its commercial property insur... view full summary
CIVIL PROCEDURE

6.City could waive jury trial prohibition after suit was filed.
Daisy Lucero Marcile v. Neal Dauzat, 2011-CC-1509 (La. 10/16/12) [14 pp.]
From LSCR Volume 20, Issue 10

          Neal Dauzat, a City of Marksville employee, was backing a fire department vehicle into the fire station when he struck a vehicle opera... view full summary
7.Dismissal under F.R.C.P. 41 is voluntary; dismissed suit does not interrupt prescription on second suit filed before or after dismissal.
JoAnn Sims v. The American Insurance Company, 2012-C-0204 (La. 10/16/12) [14 pp.]
From LSCR Volume 20, Issue 10

          JoAnn and John Sims filed suit in state court in 2008 against Dow Chemical Company, its executive officers, and several insurers, alle... view full summary
STATE AND LOCAL GOVERNMENT

8.Municipal fire and police civil service board may modify discipline imposed without finding appointing authority acted in bad faith or without cause.
The City of Bossier City v. Phillip Vernon, 2012-C-0078 (La. 10/16/12) [19 pp.]
From LSCR Volume 20, Issue 10

          Phillip Vernon was a permanent police officer with the Bossier Parish City Police Department when an internal affairs investigation co... view full summary
9.Court of appeal erred in reversing judgment for City-Parish in expropriation case.
Lafayette City-Parish v. Jeffery Person, 2012-C-0307 (La. 10/16/12) [10 pp.]
From LSCR Volume 20, Issue 10

          The Settlement Subdivision in Lafayette contains approximately 158 residential units and has three means of ingress/egress, all onto ... view full summary
WORKERS' COMPENSATION

10.Crain Brothers conditions cannot be imposed without a showing that they are reasonably necessary to rectify a dispute concerning the work of the vocational rehabilitation counselor.
Ellis Hargrave v. State of Louisiana, 2012-C-0341 (La. 10/16/12) [21 pp.]
From LSCR Volume 20, Issue 10

          Plaintiff slipped and fell in the course of his employment with the Louisiana Department of Transportation and Developme... view full summary
CRIMINAL

11.Convictions and death sentences affirmed for defendant who murdered wife and five-year-old son.
State v. James C. Magee, 2011-KA-0574 (La. 09/28/12) [78 pp.]
From LSCR Volume 20, Issue 10

          Defendant and his wife, Adrienne, were married in 1998 and had three children. Troubles in their relationship came to a head in late 2... view full summary
12.Sentencing hearing and reconsideration required for juvenile mandatory life sentence cases.
State v. Emerson Simmons, 2011-KP-1810 (La. 10/12/12) [2 pp.]
From LSCR Volume 20, Issue 10

          Defendant committed second degree murder in 1995 when he was seventeen years old. He is serving a mandatory life sentence of imprisonm... view full summary
13.Evidence sufficient to find "entry" into residence for purposes of burglary, although defendant did not step into residence.
State v. Jerome Bryant, 2012-K-0233 (La. 10/16/12) [16 pp.]
From LSCR Volume 20, Issue 10

          In February 2005, Jason Goetz was at his Shreveport home with his two-year-old daughter. He heard a noise at the french doors at the b... view full summary
14.Criminally negligent lack of supervision of child who died in fire could not supply direct act required for mother's second degree murder conviction.
State v. Santonia Small, 2011-K-2796 (La. 10/16/12) [33 pp.]
From LSCR Volume 20, Issue 10

          On January 20, 2008, defendant left her daughter and son, ages six and seven, alone in their second- story apartment while she wen... view full summary
15."Second violation" of DWI statute requires conviction, not mere arrest.
Jade Boudreaux v. Louisiana Department of Public Safety and Corrections, 2012-C-0239 (La. 10/16/12) [11 pp.]
From LSCR Volume 20, Issue 10

          In September 2007, plaintiff was arrested for operating a vehicle while intoxicated. He completed a pre-trial intervention program, an... view full summary