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Showing results for LSCR volume 21 LSCR issue 12
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CONTRACTS

1.Party who deceptively altered agreement convicted of forgery and filing false public record.
State v. Gerald J. Bourgeois, 2013-K-0606 c/w 2013-K-0609 (La. 12/06/13) [12 pp.]
From LSCR Volume 21, Issue 12

          1102 North Highway 190, LLC ("1102") obtained a $2.8 million loan in return for a promissory note executed by 1102 and personally... view full summary
2.Member of home builder LLC not personally liable for construction defects although he personally performed and failed to supervise substandard work.
Mary P. Ogea v. Travis Merritt, 2013-C-1085 (La. 12/10/13) [32 pp.]
From LSCR Volume 21, Issue 12

          Plaintiff entered into an agreement with Merritt Construction, LLC, by which the company was to build a home for her on an undeveloped... view full summary
MEDICAL MALPRACTICE

3.Court of appeal erred in reversing defense verdict based on lack of informed consent.
Clyde Snider, Jr. v. Louisiana Medical Mutual Insurance Co., 2013-C-0579 (La. 12/10/13) [25 pp.]
From LSCR Volume 21, Issue 12

          In May 2007, plaintiff, then almost twenty-seven, was diagnosed with coronary artery disease and acute coronary syndrome and treated w... view full summary
CIVIL PROCEDURE

4.Third party defendant could not object to venue despite forum selection clause purporting to mandate jurisdiction in Texas.
Benjamin G. Fidelak v. Holmes European Motors, LLC, 2013-C-0691 (La. 12/10/13) [12 pp.]
From LSCR Volume 21, Issue 12

          Plaintiffs filed a petition for damages in Caddo Parish against Foreign & Classic Auto Centre, Inc., an independent shop in Shreve... view full summary
5.New Home Warrant Act's five-year peremptive period applied to plaintiff's claim for failed wall system.
Barbara Shaw v. Acadian Builders, 2013-C-0397 (La. 12/10/13) [15 pp.]
From LSCR Volume 21, Issue 12

          In September 2005, defendant sold a two-story, 3700 square foot home that it had built in Pelican Point subdivision in Ascension Paris... view full summary
CRIMINAL

6.Defendant's possession of Butalbital was not criminal.
State v. Sidney Williams, III, 2013-K-1226 (La. 12/02/13) [1 p.]
From LSCR Volume 21, Issue 12

          Defendant was convicted of, inter alia, possession of Butalbital. On appeal, he challenged the sufficiency of the evidenc... view full summary
7.Troopers had reasonable suspicion to detain defendant at bus station based on information from first-time informant.
State v. Charles Carter, 2013-KK-1952 (La. 12/02/13) [10 pp.]
From LSCR Volume 21, Issue 12

          In April 2012, a Louisiana state trooper received a tip from a new and unnamed informant indicating defendant was on the way to Lake P... view full summary
8.Criminal statute prohibiting felons from possessing firearms did not violate defendant's right to bear arms under amendment to Louisiana Constitution.
State v. Glen P. Draughter, 2013-KA-0914 (La. 12/10/13) [19 pp.]
From LSCR Volume 21, Issue 12

          In 2011, defendant pled guilty to one count of attempted simple burglary and was sentenced to two years at hard labor, suspended, and ... view full summary
9.Crack cocaine sold by defendant could be identified solely by circumstantial evidence.
State v. Brandon Smith, 2012-K-2358 (La. 12/10/13) [13 pp.]
From LSCR Volume 21, Issue 12

          NOPD detective Daniel Hunter, acting on a tip from an informant, orchestrated a controlled purchase of crack cocaine from a house on S... view full summary
10.Detective had reasonable suspicion to detain defendant and others in Wal- Mart parking lot for "smurfing."
State v. Jason Todd Duhe, 2012-K-2677 (La. 12/10/13) [13 pp.]
From LSCR Volume 21, Issue 12

          In 2011, Detective Comeaux, who primarily investigated methamphetamine production and trafficking for the St. Tammany Parish ... view full summary