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CONTRACTS

1.Doctor entitled to general damages against hospital for faulty peer review proceeding, but not to lost income award.
Tommie M. Granger, M.D. v. Christus Health Central Louisiana, 2012-C-1892 (La. 06/28/13) [50 pp.]
From LSCR Volume 21, Issue 7

          Plaintiff was a board-certified cardiac surgeon practicing in Alexandria with hospital privileges at Christus St. Frances Cabrini Hos... view full summary
2.Contract cannot be rescinded based on unilateral error where party seeking rescission committed inexcusable error.
Cynthia Fry Peironnet v. Matador Resources Co., 2012-C-2292 c/w 2012-C-2377 (La. 06/28/13) [48 pp.]
From LSCR Volume 21, Issue 7

          Plaintiffs were owners of interests in large tracts of land in Caddo Parish. In June 2004, they executed an oil and gas lease (the Lea... view full summary
MEDICAL MALPRACTICE

3.Suspension of prescription under MMA applies to claim against tortfeasor who is solidarily liable with health care providers even though tortfeasor is not a health care provider.
Daniel Milbert v. Answering Bureau, Inc., 2013-C-0022 (La. 06/28/13) [19 pp.]
From LSCR Volume 21, Issue 7

          Daniel Milbert, a thirty-five-year-old roofer, fell off of a roof on September 2, 2008, and broke his right ankle. Two days later, he ... view full summary
INSURANCE

4.Plaintiff's dismissal of insureds during trial did not effect dismissal of insurer under the terms of the Direct Action Statute or policy language.
Mary Phyllis Soileau v. Smith True Value and Rental, 2012-C-1711 (La. 06/28/13) [33 pp.]
From LSCR Volume 21, Issue 7

          Plaintiff was injured during her employment with the Town of Mamou when a front-end loader detached from a John Deere tractor and stru... view full summary
TORTS

5.Discovery rule cannot apply to suspend prescription of UCC conversion claims.
Specialized Loan Servicing, L.L.C. v. Donyelle January, 2012-CC-2668 (La. 06/28/13) [24 pp.]
From LSCR Volume 21, Issue 7

          Donyelle January owned property in New Iberia. Plaintiff serviced a note and mortgage agreement affecting the property. Assurant S... view full summary
STATE AND LOCAL GOVERNMENT

6.Legislation concerning cash balance retirement system for State was unconstitutional for failure to pass by required two-thirds House vote.
Retired State Employees Association v. State of Louisiana, 2013-CA-0499 (La. 06/28/13) [21 pp.]
From LSCR Volume 21, Issue 7

          During the 2012 Regular Session of the Legislature, HB 61 provided for the establishment of a cash balance retirement plan for certain... view full summary
DOMESTIC RELATIONS

7.Court looked to divorce jurisprudence to determine whether parties to disavowal action had lived "separate and apart" for 300 days.
Derek Alan Pociask v. Kera Moseley, 2013-C-0262 (La. 06/28/13) [17 pp.]
From LSCR Volume 21, Issue 7

          Derek Pociask and Kera Moseley were married in New Orleans in 1997 and had one child in 1999. They physically separated on April 30, 2... view full summary