Archive of LSCR Articles
Showing results for LSCR volume 22 LSCR issue 1 | Jump to a direct Volume/Issue
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| SUCCESSIONS
| 1. | Notarial testament upheld despite incomplete date in notary's attestation clause. Succession of James Jason Holbrook, Sr., 2013-C-1181 (La. 01/28/14) [13 pp.] From LSCR Volume 22, Issue 1 James Jason Holbrook, Sr. allegedly executed his last will and testament on April 8, 2009, naming
his wife as executrix. A complete da... view full summary | | WORKERS' COMPENSATION
| 2. | Plaintiffs did not meet substantial certainty test in attempting to avoid exclusive remedy of workers' compensation. Ashton Miller v. Sattler Supply Company, Inc., 2013-CC-2558 (01/27/14) [3 pp.] From LSCR Volume 22, Issue 1 Plaintiffs' decedent was killed at work when a large engine block he was cleaning fell on him.
Plaintiffs sued the employer and ... view full summary | | TORTS
| 3. | Summary judgment mandated for casino in slip and fall case. Ramanda Houston v. PNK (Bossier City), Inc. d/b/a Boomtown Casino and Hotel, 2013-CC-1991 (La. 01/27/14) [3 pp.] From LSCR Volume 22, Issue 1 Plaintiff slipped and fell as she exited a bus in the parking lot of Boomtown Casino in Bossier City
during rainy weather. Defendant m... view full summary | 4. | Drug manufacturers did not violate MAPIL with arguably off-label representations about drug to Louisiana health care providers. "Buddy" Caldwell v. Janssen Pharmaceutical, Inc., 2012-C-2447 c/w 2012-C-2466 (La. 01/28/14) [26 pp.] From LSCR Volume 22, Issue 1 Defendants manufacture the drug Risperdal, an atypical antipsychotic considered to be highly
beneficial in treating schi... view full summary | | CIVIL PROCEDURE
| 5. | Attorney general should have been afforded opportunity to participate in suit challenging constitutionality of statute. Deanne Williams v. Monroe City School Board, 2013-CA-2602 (La. 01/10/14) [4 pp.] From LSCR Volume 22, Issue 1 Plaintiff challenged the constitutionality of R.S. Sections 17:443(B)(1) and (2), regarding the removal of
tenured teachers. Accordi... view full summary | | CONSTITUTIONAL LAW
| 6. | First Amendment conduct not implicated by statute pertaining to unauthorized participation in medical assistance programs. State v. Micah Smith, 2013-KA-2318 (La. 01/28/14) [13 pp.] From LSCR Volume 22, Issue 1 Based on various allegations of fraud and misconduct, defendant was excluded from participating
in medical assistance programs through... view full summary | | JUVENILE
| 7. | Delinquency adjudication hearing could be held outside of thirty-day time limit. State in the Interest of D.J., 2013-CK-1111 (01/10/14) [2 pp.] From LSCR Volume 22, Issue 1 La. Chil. Code art. 877(A) sets forth time limitations for delinquency adjudication hearings,
providing: "If the child is ... view full summary | | CRIMINAL
| 8. | Despite acquittal, district court properly denied motion to expunge arrest record. State v. Karen Gettridge, 2013-OK-1261 (La. 01/10/14) [2 pp.] From LSCR Volume 22, Issue 1 After defendant was acquitted of charges brought against her, she moved to expunge her arrest
record. The district co... view full summary | 9. | Incest conviction upheld where defendant did not object at trial to claimed confrontation clause violation. State v. Joshua Vallo, 2013-K-1369 (La. 01/10/14) [4 pp.] From LSCR Volume 22, Issue 1 Defendant was charged with aggravated incest, the victim being his eight-year-old stepdaughter. At
trial, the State introduced a video... view full summary | 10. | Defendant not entitled to rely on statutory amendments regarding defensive use of deadly force. State v. Robert Wilkins, 2013-KK-2539 (La. 01/15/14) [3 pp.] From LSCR Volume 22, Issue 1 In this case, defendant was charged with second-degree murder based on events in 2004. As a
defense, he contended the k... view full summary | 11. | State had standing to oppose issuance of subpoenas regarding victim's medical, educational, and social security records. State v. Ray Boudreaux, 2013-KK-2732 (La. 01/17/14) [5 pp.] From LSCR Volume 22, Issue 1 In this criminal case, defendant sought subpoenas duces tecum for: (1) the medical, educational, and
social security records of Keith ... view full summary |
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