| BAR / DISCIPLINARY / ETHICS
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| 1. | Court sets briefing deadlines with regard to office of Chief Justice.
In Re: Office of Chief Justice, Louisiana Supreme Court, 2012-O-1342 (La. 06/13/12) [1 p.]
From LSCR Volume 20, Issue 6 Louisiana Supreme Court Chief Justice Catherine D. Kimball will retire from the Court on January
31, 2013. She will be succeeded ... view full summary |
| 2. | Former state senator permanently disbarred.
In Re: Derrick D.T. Shepherd, 2011-B-2011 (La. 06/22/12) [9 pp.]
From LSCR Volume 20, Issue 6 Derrick Shepherd, an attorney and former Louisiana state senator, pled guilty in 2008 to conspiracy
to commit money laundering in ... view full summary |
| 3. | Justices of the peace held in contempt of court.
In Re: Justice of the Peace Kevin J. Hoffman, 2011-O-0417 (La. 06/22/12) [2 pp.]
From LSCR Volume 20, Issue 6Kevin Hoffman is a justice of the peace in St. Bernard Parish who failed to comply with the financial
reporting requirements. As a result, the Court imposed a $200 civil penalty against him in July ... view full summary |
| TORTS
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| 4. | Jury verdict for defendant reinstated; jury interrogatory not improper.
Patricia Bourque v. Essex Insurance Co., 2012-C-0810 (La. 06/15/12) [1 p.]
From LSCR Volume 20, Issue 6 Plaintiff alleged that on August 19, 2002, she was injured when an improperly installed florescent
light fixture fell from her kitchen... view full summary |
| 5. | Defendants entitled to summary judgment; risk should have been obvious.
Peter Caserta, Jr. v. Wal-Mart Stores, Inc., 2012-CC-0853 (La. 06/22/12) [2 pp.]
From LSCR Volume 20, Issue 6 Plaintiff went to Wal-Mart Tire & Lube Express to have new tires installed on a truck. The Wal-Mart
technician could not remove th... view full summary |
| INSURANCE
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| 6. | CGL policy unambiguously provided for $1,000,000 aggregate limit on PIL coverage.
John Johnson v. Orleans Parish School Board, 2012-C-0190 (La. 05/31/12) [4 pp.]
From LSCR Volume 20, Issue 6 The issue in this toxic tort case was whether a commercial general liability (CGL) policy issued by
Republic Insurance Company contai... view full summary |
| 7. | Insurers entitled to summary judgment as to claims outside of policy periods.
John Johnson v. Orleans Parish School Board, 2012-CC-0187 c/w 2012-CC-0191 (La. 05/31/12) [2 pp.]
From LSCR Volume 20, Issue 6 In the same case, the Fourth Circuit concluded in 2008 that National Union Fire Insurance Company
of Pittsburgh, Pa. and United States... view full summary |
| 8. | Bad faith claim against insurer not fit for summary judgment.
Judith Merwin v. Douglas Spears, 2012-CC-0946 (La. 06/22/12) [2 pp.]
From LSCR Volume 20, Issue 6 Plaintiffs had a homeowners policy with Farmers Insurance Exchange and made a claim based on
a water leak in their bathroom. Farmers ... view full summary |
| CIVIL PROCEDURE
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| 9. | Writ of mandamus inappropriate in action to cancel disputed mortgages.
Aberta, Inc. v. Dale Atkins, 2012-C-0061 (La. 05/25/12) [4 pp.]
From LSCR Volume 20, Issue 6 On August 26, 2003, Aberta, Inc. bought property located in Orleans Parish. Aberta's shares were
owned by Scott Wolfe. The same day, A... view full summary |
| JUVENILE
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| 10. | Parental rights terminated so that children would not remain in foster care for indefinite period of time.
State in the Interest of A.M., L.M., and M.M., 2012-CJ-0799 (La. 06/15/12) [1 p.]
From LSCR Volume 20, Issue 6 The Mental Health Advocacy Service/Child Advocacy Program filed a petition in the juvenile court
to terminate parental rights with reg... view full summary |
| CRIMINAL
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| 11. | Court orders investigation into post-conviction DNA testing in rape case.
State Ex Rel Henry Jackson v. State, 2011-KH-0394 (La. 05/25/12) [1 p.]
From LSCR Volume 20, Issue 6 Relator was charged with rape. At trial, the State's case rested largely on the victim's identification
of relator as the rapist. He u... view full summary |
| 12. | Habitual offender hearing was not part of record for error patent review.
State v. James Leonard Moore, 2012-K-0102 (La. 05/25/12) [2 pp.]
From LSCR Volume 20, Issue 6 In the district court, defendant stipulated to the allegations in a habitual offender bill and was
sentenced as a habit... view full summary |
| 13. | Officers lawfully entered home with defendant's consent although they did not reveal full reason for entry.
State v. Mark Seiler, 2012-KK-0389 (La. 05/25/12) [3 pp.]
From LSCR Volume 20, Issue 6 Defendant's home had been burglarized. After the burglary suspect indicated there was drug
contraband in the home, officer... view full summary |
| 14. | Although sparse, search warrant should have been upheld.
State v. Peter Collins, Jr., 2012-KK-0417 (La. 06/01/12) [3 pp.]
From LSCR Volume 20, Issue 6 A confidential informant told officers about drug trafficking from defendant's residence and
indicated he had taken a photo... view full summary |
| 15. | Motion to suppress should have been denied in drug arrest.
State v. Zevi Bush, 2012-KK-0720 (La. 06/01/12) [2 pp.]
From LSCR Volume 20, Issue 6 An officer observed defendant in his vehicle in a parking lot in which the officer had made numerous
drug arrests. Another individual ... view full summary |
| 16. | Attempted withdrawal of guilty plea referred to post-conviction proceedings.
State v. Walter Solomon, 2012-K-0202 (06/22/12) [2 pp.]
From LSCR Volume 20, Issue 6 Defendant pled guilty and was adjudicated and sentenced as a habitual offender. He later
unsuccessfully attempted to with... view full summary |