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Showing results for LSCR volume 22 LSCR issue 1
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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