| MEDICAL MALPRACTICE
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| 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
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| 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
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| 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
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| 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
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| 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 |