Archive of LSCR Articles
Showing results for LSCR volume 21 LSCR issue 3 | Jump to a direct Volume/Issue
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| CIVIL PROCEDURE
| | 1. | Purported class action arising out of video voyeurism at fitness center did not meet numerosity requirement.
Jane Doe v. Southern Gyms, LLC, 2012-C-1566 c/w 1572 c/w 1580 (La. 03/19/13) [20 pp.]
From LSCR Volume 21, Issue 3 In 2010, an investigation revealed that an assistant manager and trainer at a fitness center in Baton
Rouge secretly had videotaped wo... view full summary | | 2. | Request for re-service of petition could not revive dismissed suit.
Lela Johnson v. University Medical Center of Lafayette, 2013-C-0040 (La. 03/15/13) [3 pp.]
From LSCR Volume 21, Issue 3 In March 2006, plaintiff filed a petition naming certain entities of the State as defendants. They
moved to dismiss the petition becau... view full summary | | STATE AND LOCAL GOVERNMENT
| | 3. | City properly excluded first-year supplemental pay in calculating firefighter salaries under R.S. Section 33:1992.
West Monroe Firefighters Local 1385 v. City of West Monroe, 2012-C-1937 (La. 03/19/13) [17 pp.]
From LSCR Volume 21, Issue 3 Pursuant to La. R.S. Section 33:2002(A)(1), after a firefighter's first year of service, the State supplements
his or her salary with ... view full summary | | PROPERTY
| | 4. | 1925 tax sale could not be annulled based on Mennonite violation.
Quantum Resources Management, L.L.C. v. Pirate Lake Oil Corp., 2012-C-1472 (La. 03/19/13) [21 pp.]
From LSCR Volume 21, Issue 3 Plaintiffs were the owners of several oil, gas, and mineral leases covering certain lots near Lafitte
in Jefferson Parish. They filed ... view full summary | | TAXATION
| | 5. | Court clarifies taxpayer's remedy when taxes have been paid voluntarily and collector fails to respond to request for refund.
Tin, Inc. v. Washington Parish Sheriff's Office, 2012-C-2056 (La. 03/19/13) [20 pp.]
From LSCR Volume 21, Issue 3 In December 2002, plaintiff sent a letter to the Washington Parish Sheriff's Office, as sales and use
tax collector (the Collector), r... view full summary | | TORTS
| | 6. | Volunteer firefighters not immune from tort suits against each other.
Rodney Champagne v. American Alternative Insurance Corp., 2012-CC-1697 (La. 03/19/13) [15 pp.]
From LSCR Volume 21, Issue 3 Plaintiff, a volunteer firefighter with the Duson Volunteer Fire Department, was injured in 2010
while testing a water hose on a pumpe... view full summary | | CONTRACTS
| | 7. | Joint operating agreement did not cover new leases.
Clovelly Oil Co., LLC v. Midstates Petroleum Co., LLC, 2012-C-2055 (La. 03/19/13) [14 pp.]
From LSCR Volume 21, Issue 3 In 1972, three individuals entered into a joint operating agreement (JOA), a contract for the operation
of a tract or leasehold for oi... view full summary | | CRIMINAL
| | 8. | Sentencing hearing and reconsideration required for juvenile mandatory life sentence case.
State v. Darrius Williams, 2012-K-1723 (La. 03/08/13) [2 pp.]
From LSCR Volume 21, Issue 3 Defendant committed second degree murder in 2008 when he was seventeen years old. He is serving
a mandatory life sentence of imprisonm... view full summary | | 9. | Defendant not entitled to have expert present during crime lab testing.
State v. David Hardy, 2013-KK-0301 (La. 03/15/13) [4 pp.]
From LSCR Volume 21, Issue 3 Through an FBI Combined DNA Index System, defendant's genetic profile was linked to evidence
in a May 1993 aggravated kidnapping ... view full summary | | 10. | Court reverses ruling that sex offender registration requirements are unconstitutional as applied to those found not guilty by reason of insanity.
State v. Isaiah Overstreet, Jr., 2012-KA-1854 (La. 03/19/13) [14 pp.]
From LSCR Volume 21, Issue 3 In 1993, respondent, then thirty-two years old, attempted to force his way into a Southeastern
University dormitory room... view full summary | | 11. | Vehicular homicide is a "crime of violence" under R.S. Section 14:2(B).
State v. Craig Oliphant, 2012-K-1176 (La. 03/19/13) [18 pp.]
From LSCR Volume 21, Issue 3 While driving in a highly intoxicated state, defendant struck and killed a pedestrian. Defendant pled
guilty to vehicular homicide. Th... view full summary | | 12. | Second degree murder convictions set aside where district court erred in prohibiting defendant from back striking objectionable juror.
State v. Billy R. Lewis, 2012-K-1021 (La. 03/19/13) [19 pp.]
From LSCR Volume 21, Issue 3 Defendant and a co-defendant were charged with two counts of first degree murder, stemming from
the shooting deaths of Travis Webb and... view full summary | | 13. | District court's refusal to allow back strike of potential juror was not harmless error; reversal of second degree murder conviction affirmed.
State v. Jeremy Patterson, 2012-K-2042 (La. 03/19/13) [9 pp.]
From LSCR Volume 21, Issue 3 This case was consolidated for oral argument with State v. Lewis, above. Defendant was charged with
second degree murder and pleaded n... view full summary | | 14. | Court outlines criteria for evaluating prior convictions from foreign jurisdictions in habitual offender adjudications.
State v. Mazen Hamdan, 2012-KK-1986 (La. 03/19/13) [17 pp.]
From LSCR Volume 21, Issue 3 In 2010, defendant was charged with possession of a firearm by a convicted felon. The bill of
information stated def... view full summary |
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