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Showing results for LSCR volume 21 LSCR issue 10
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CONTRACTS

1.Plaintiffs entitled to recover damages and attorney's fees from home builder under Residential Property Disclosure Act for misrepresentations on disclosure form.
James S. Stutts v. Chad Z. Melton, 2013-C-0557 (La. 10/15/13) [15 pp.]
From LSCR Volume 21, Issue 10

          Defendants are Chad Melton and his wife. Melton was the builder of a residential home in Walker, Louisiana. After construction was com... view full summary
MEDICAL MALPRACTICE

2.Defendants not enrolled in PCF at time of tortious act were not entitled to rely on PCF letter erroneously designating them qualified health care providers.
George T. Luther v. IOM Company LLC, 2013-C-0353 (10/15/13) [16 pp.]
From LSCR Volume 21, Issue 10

          On October 30 and November 1, 2007, plaintiff underwent successive back surgeries that resulted in neurological damage, including para... view full summary
TAXATION

3.Notices of tax assessments did not comply with statutory requirements and were not final judgments: two related cases.
Catahoula Parish School Board v. Louisiana Machinery Rentals, 2012-C-2504 (La. 10/15/13) [26 pp].
From LSCR Volume 21, Issue 10

          Defendants sell, lease, and/or repair Caterpillar equipment and machinery throughout the state. After a multi-parish audit, taxing aut... view full summary
STATE AND LOCAL GOVERNMENT

4.Rice Statutes, allowing imposition of assessment on rice producers for payment to Rice Boards, violated Louisiana Constitution.
Carl Krielow v. Louisiana Department of Agriculture and Forestry, 2013-CA-1106 (La. 10/15/13) [21 pp.]
From LSCR Volume 21, Issue 10

          In 1972, the Louisiana Legislature enacted a statutory scheme establishing the Rice Promotion Board and the Louisiana Rice Research Bo... view full summary
WORKERS' COMPENSATION

5.Healthcare provider's claim for payment under workers' compensation provisions could be assigned; parties novated original agreement.
Rebel Distributors Corp., Inc. v. LUBA Workers' Comp., 2013-C-1749 (La. 10/15/13) [31 pp.]
From LSCR Volume 21, Issue 10

          Plaintiff is a wholesale distributor of pharmaceuticals. In 2007, plaintiff and the St. Thomas Clinic entered into a "Pharmaceutical S... view full summary
6.Employer entitled to offset for workers' compensation benefits paid simultaneously with disability retirement benefits, despite alleged representations to employee.
Louisiana Department of Risk Management v. Patrick Richard, 2013-C-0890 (La. 10/15/13) [8 pp.]
From LSCR Volume 21, Issue 10

          After Patrick Richard sustained a work-related injury while employed by Louisiana's Department of Transportation and Development (DOTD... view full summary
DOMESTIC RELATIONS

7.Fact that spouse homeschooled children could be considered in award of final support.
Timothy John Rhymes v. Dina Constantin Rhymes, 2013-C-0823 (10/15/13) [14 pp.]
From LSCR Volume 21, Issue 10

          Timothy and Dina Rhymes, both mechanical engineers, were married in 1990. After their first child was born in 1999, they agreed that D... view full summary
CRIMINAL

8.Louisiana statute regarding operation of motor vehicles by aliens not possessing documentation of lawful presence was preempted by federal law: three related cases.
State v. Alexis Sarrabea, 2013-K-1271 (La. 10/15/13) [28 pp.]
From LSCR Volume 21, Issue 10

          In response to the September 11, 2001, terrorist attacks, the Louisiana Legislature enacted, among other laws, La. R.S. Section 14:100... view full summary
9.Defendant not entitled to post-conviction relief based on victim's credibility issues under Conway or Code Crim. Proc. art. 851(3).
State v. Albert Norman Pierre, 2013-KP-0873 (10/15/13) [15 pp.]
From LSCR Volume 21, Issue 10

          Defendant was charged with aggravated rape on the basis of allegations made by C.C., the twelve- year-old granddaughter of defendant's... view full summary