Archive of LSCR Articles

Showing results for LSCR volume 20 LSCR issue 5
Jump to a direct Volume/Issue

1.Appeal opinion author recused; case transferred to different circuit.
Oscar J. Tolmas v. Parish of Jefferson, 2012-C-0555 (La. 04/27/12) [2 pp.]
From LSCR Volume 20, Issue 5

          This case concerns whether a vacant tract of land in Metairie, the "Tolmas Tract," may be occupied commercially despite a resident... view full summary

2.Judgment vacated in light of recent decision declaring medical malpractice cap constitutional.
Susan Arrington v. Galen-Med, Inc., 2012-CA-0908 (La. 05/22/12) [2 pp.]
From LSCR Volume 20, Issue 5

          In this medical malpractice action, the district court declared unconstitutional La. R.S. Section 40:1299.42(B), which pla... view full summary

3.District court judgment reversed where plaintiff's inattentiveness was cause of auto accident.
Jeryd Zito v. Advanced Emergency Medical Services, Inc., 2011-C-2382 (La. 05/08/12) [16 pp.]
From LSCR Volume 20, Issue 5

          In 2006 an ambulance belonging to defendant was disabled and parked on the shoulder of the southbound lanes of Louisia... view full summary

4.Police Jury's UMBI coverage rejection upheld despite lack of express discussion in official minutes.
Richard Gunter v. State Farm Mutual Automobile Insurance Co., 2012-C-0562 (La. 05/04/12) [2 pp.]
From LSCR Volume 20, Issue 5

          The Bossier Parish Police Jury (BPPJ) obtained automobile liability insurance from St. Paul and renewed that policy yearly from 1995 t... view full summary

5.No cause of action in suit to annul arbitration judgment in fee dispute.
Jay Napolitano v. Steven Gill, 2012-CC-0206 (La. 05/04/12) [3 pp.]
From LSCR Volume 20, Issue 5

          In this dispute between two attorneys over fees, an arbitrator awarded plaintiff fifty percent of the fees. Plaintiff moved to confirm... view full summary
6.Plaintiff's domicile determined when forum non conveniens motion is filed.
Jane Doe v. Southern Gyms, LLC d/b/a Anytime Fitness, 2012-CC-0448 c/w 2012-CC-0449 c/w 2012-CC- 0455 (La. 05/04/12) [ 2 pp.]
From LSCR Volume 20, Issue 5

          Relying on forum non conveniens, defendants moved to transfer this case from Evangeline Parish to East Baton Rouge Parish. The distric... view full summary

7.Deposition not admissible under art. 1450, where deponent died prior to cross-examination.
Joseph C. Trascher v. Peter Territo, 2011-CC-2093 (La. 05/08/12) [24 pp.]
From LSCR Volume 20, Issue 5

          Joseph Trascher filed a petition in the district court seeking an ex parte order to perpetuate his testimony. He alleged that he had ... view full summary

8.Assessors could challenge LTC valuations of public service properties in taxpayers' action.
ANR Pipeline Company v. Louisiana Tax Commission, 2011-C-2078 (La. 05/08/12) [27 pp.]
From LSCR Volume 20, Issue 5

          The plaintiff taxpayers own interstate natural gas transmission pipelines in Louisiana, which are classified and taxed for ad valorem ... view full summary
9.Assessors' local actions dismissed.
Michael H. Martin v. ANR Pipeline Co., 2011-C-2079 c/w 2011-C-2193 c/w 2011-C-2253 c/w 2011-C- 2266 c/w 2011-CC-2716 (La. 05/08/12) [8 pp.]
From LSCR Volume 20, Issue 5

          These consolidated cases were brought by the assessors in their "home parishes" with regard to the LTC's November 2009 ruling. The Cou... view full summary

10.Employer had no obligation to pay supplemental earnings benefits because jobs were available to former employee, although not offered to her.
Gloria Clay v. Our Lady of Lourdes Regional Medical Center, Inc., 2011-C-1797 (La. 05/08/12) [14 pp.]
From LSCR Volume 20, Issue 5
Plaintiff was employed as a supply, purchasing, and distribution technician for Our Lady of Lourdes Regional Medical Center for twenty-two years and earned approximately $9.95 an hour. Her job dutie... view full summary

11.Family Court had no jurisdiction over partition of community property once spouse died.
Rose Manale McCann v. Walter Lester McCann, 2011-CC-2434 (La. 05/08/12) [15 pp.]
From LSCR Volume 20, Issue 5

          In May 2009 Rose McCann filed a petition for divorce against Lester McCann in the Family Court for the Parish of East Baton Rouge. Jud... view full summary

12.Retroactive application of lifetime supervision requirement for sex offender did not violate Ex Post Facto Clause.
State v. Rudy Trosclair, 2011-KA-2302 (La. 05/08/12) [28 pp.]
From LSCR Volume 20, Issue 5

          Defendant pled guilty to sexual battery of a child under thirteen years of age, admitting that he, age twenty-seven, touched and rubbe... view full summary
13.Defendant was detained legally in connection with execution of search warrants at motel.
State v. Larry John Thompson, 2011-K-0915 (La. 05/08/12) [33 pp.]
From LSCR Volume 20, Issue 5

          Defendant was arrested in May 2008 at the Levingston Motel in Shreveport. Several officers arrived that night to executed two search w... view full summary