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Showing results for LSCR volume 20 LSCR issue 3
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MEDICAL MALPRACTICE

1.Constitutionality of medical malpractice cap upheld as to nurse practitioners.
Joe Oliver v. Magnolia Clinic, 2011-C-2142 (La. 03/13/12) [23 pp.]
From LSCR Volume 20, Issue 3

          Taylor Oliver is the child of Joe and Helena Oliver. Shortly after Taylor was born in 2000, she was brought to the Magnolia Clinic, ow... view full summary
TORTS

2.Choice of law analysis resulted in application of Louisiana law and reversal of punitive damages awards in toxic tort case.
Craig Steven Arabie v. Citgo Petroleum Corporation, 2010-C-2605 (La. 03/13/12) [51 pp.]
From LSCR Volume 20, Issue 3

          In 2006 a severe rainstorm resulted in the overflow of the wastewater treatment facility at CITGO's Lake Charles refinery. A major oil... view full summary
CIVIL PROCEDURE

3.Class certification reversed in chemical spill case.
Kieta Alexander v. Norfolk Southern Corporation, 2011-C-2793 (La. 03/09/12) [6 pp.]
From LSCR Volume 20, Issue 3

          In 2001 ethyl acrylic fumes leaked from valves on two railroad cars that had been parked in Orleans Parish for less than an hour while... view full summary
4.Court revisits issue of service on state entity.
John J. Hunter v. Louisiana State University Agricultural & Mechanical College, 2011-C-2841 (La. 03/09/12) [2 pp.]
From LSCR Volume 20, Issue 3

          Plaintiff allegedly was injured while visiting University Hospital in New Orleans when a guardrail on an entrance ramp collapsed. ... view full summary
5.No abuse of discretion where district court excluded report from automobile's "black box."
Emile David Laborde, II v. Shelter Mutual Insurance Company, 2012-CC-0074 (La. 03/09/12) [1 p.]
From LSCR Volume 20, Issue 3

          In this automobile accident case, an event data recorder or "black box" had been installed in the vehicle by the manufacturer. Such a ... view full summary
STATE AND LOCAL GOVERNMENT

6.Prohibited claims against school board employees include those based on acts of omission.
Nakisha Credit v. Richland Parish School Board, 2011-C-1003 (La. 03/13/12) [21 pp.]
From LSCR Volume 20, Issue 3

          In 1999 high school students Breana Howard and Courtney McClain began fighting on a sidewalk behind Rayville High School. Breana eithe... view full summary
CRIMINAL

7.Motion to suppress should have been denied given testimony of officers.
State v. Tyrone Livas, 2012-KK-0294 (La. 03/09/12) [1 p.]
From LSCR Volume 20, Issue 3

          The district court held a hearing on defendant's motion to suppress. Officers testified that they conducted a protective... view full summary
8.Defendant's statement in earlier arrest was admissible as to intent to distribute.
State v. Bryan Hill, 2011-KK-2585 (La. 03/09/12) [2 pp.]
From LSCR Volume 20, Issue 3

          Defendant was arrested in March 2007 for possession of crack cocaine with intent to distribute. There was evidence that during the... view full summary
9.Batson violations warranted reversal of armed robbery convictions and sentences.
State v. Glen Dale Nelson, 2010-KO-1724 c/w State v. Melvin M. Goldman, 2010-KO-1726 (La. 03/13/12) [30 pp.]
From LSCR Volume 20, Issue 3

          This case resulted from the armed robbery of a high-stakes poker game in a mobile home. Three masked men were called to the game... view full summary
10.Sixty year contractor fraud sentence reinstated.
State v. John Colvin, 2011-K-1040 (La. 03/13/12) [10 pp.]
From LSCR Volume 20, Issue 3

          Defendant pleaded guilty to six counts of felony theft resulting from acts of contractor fraud following Hurricane Kat... view full summary
11.Defendant waived error in number of jurors.
State v. Aubrey Brown, 2011-K-1044 (La. 03/13/12) [7 pp.]
From LSCR Volume 20, Issue 3

          Defendant was charged by bill of information with one count of simple burglary of a religious building and one count of... view full summary