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Showing results for LSCR volume 21 LSCR issue 3
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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