Archive of LSCR Articles
Showing results for LSCR volume 22 LSCR issue 10 | Jump to a direct Volume/Issue
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| CONTRACTS
| | 1. | State entitled to summary judgment on breach of contract claim by former head coach of UL football team.
Jerry Lee Baldwin v. Board of Supervisors for the University of Louisiana System, 2014-C-0827 (La. 10/15/14) [12 pp.]
From LSCR Volume 22, Issue 10 In December 1998, plaintiff entered into a written agreement with the Board of Supervisors for the
University of Louisiana System, by ... view full summary | | 2. | Under contract, defendants had option, not obligation, to sublease mineral rights; defendants breached contract by failing to complete survey, but did not do so in bad faith.
Olympia Minerals, LLC v. HS Resources, Inc., 2013-C-2637 c/w 2013-C-2717 (La. 10/15/14) [47 pp.]
From LSCR Volume 22, Issue 10 Plaintiffs held mineral rights in approximately 42,000 mineral acres located in Beauregard and
Calcasieu Parishes. Effec... view full summary | | TORTS
| | 3. | Contractor did not owe duty to French Quarter pedestrian who was injured by cyclist while crossing street next to construction dumpster.
Roy Bufkin, Jr. v. Felipe's Louisiana, LLC, 2014-CC-0288 (La. 10/15/14) [18 pp.]
From LSCR Volume 22, Issue 10 Plaintiff, a French Quarter resident, was walking down Conti Street when he encountered a
construction barrier blocking... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 4. | Justice of the peace suspended for willfully failing to file financial statements after notice of noncompliance.
In Re: Justice of the Peace Stacie P. Myers, 2014-O-1528 (La. 10/15/14) [10 pp.]
From LSCR Volume 22, Issue 10 La. R.S. Section 24:514 requires justices of the peace to file sworn annual financial statements with the
legislative auditor by March... view full summary | | INSURANCE
| | 5. | Where express terms of auto policy provided UM coverage for after- acquired motorcycle, lower courts erred in looking to UM statute.
Ashanti Green v. Michael Johnson, 2014-C-0292 (La. 10/15/14) [19 pp.]
From LSCR Volume 22, Issue 10 Dave Peterson and Benjamin Gibson co-owned a motorcycle that they purchased on June 30, 2007.
Sixteen days later, Peterson, while ridi... view full summary | | STATE AND LOCAL GOVERNMENT
| | 6. | 2012 Act 1, intended to improve elementary and secondary education through tenure reform and performance standards, did not violate one- object rule of Louisiana Constitution.
Louisiana Federation of Teachers v. State, 2014-CA-0691 (La. 10/15/14) [24 pp.]
From LSCR Volume 22, Issue 10 During the 2012 Regular session, the Louisiana Legislature passed Act 1, which amended and re-
enacted nine different statutes, enacte... view full summary | | 7. | State has not waived sovereign immunity from suits under FMLA.
Cynthia Holliday v. Board of Supervisors of LSU, 2014-CC-0585 (La. 10/15/14) [5 pp.]
From LSCR Volume 22, Issue 10 Plaintiff filed suit against the State pursuant to the Family and Medical Leave Act of 1993 (FMLA),
29 U.S.C. Section 2601, et seq. Sh... view full summary | | DOMESTIC RELATIONS
| | 8. | District court did not abuse its discretion in refusing to allow children to testify in custody case or in awarding sole custody of children to father.
C.M.J. v. L.M.C., wife of C.M.J., 2014-CJ-1119 (La. 10/15/14) [26 pp.]
From LSCR Volume 22, Issue 10 Plaintiff and defendant were married in 1996 and had two sons and a daughter, born in 1998, 2001,
and 2007. Plaintiff, the husband, fi... view full summary | | JUVENILE
| | 9. | Court schedule did not present good cause for failing to set answer hearing within five days for juvenile held in custody, but issue was moot when juvenile did not seek immediate review.
State in the Interest of L.D., 2014-KA-1080 (La. 10/15/14) [7 pp.]
From LSCR Volume 22, Issue 10 On September 5, 2013, the State charged L.D. in the 15th JDC with commission of a felony-grade
delinquent act of unauthorized use of a... view full summary | | CRIMINAL
| | 10. | Remand required to clarify whether otherwise illegally lenient sentence was imposed pursuant to agreement of the parties.
State v. Panagiotis I. Kondylis, 2014-K-0196 (La. 10/03/14) [4 pp.]
From LSCR Volume 22, Issue 10 After defendant was found guilty of distributing cocaine, the State filed a habitual offender bill of
information alleging nine predic... view full summary | | 11. | DUI defendant not entitled to confront technician who certified breathalyzer was in working order.
State v. Maurice Addison Hawley, 2014-KK-0282 (La. 10/15/14) [15 pp.]
From LSCR Volume 22, Issue 10 On February 19, 2012, defendant was arrested by a state trooper for driving under the influence and
agreed to provide a breath sample ... view full summary | | 12. | Amendment revoking good time credit for certain offenders violated ex post facto provisions.
Paul Massey v. Louisiana Depart of Public Safety and Corrections, 2013-C-2789 (La. 10/15/14) [15 pp.]
From LSCR Volume 22, Issue 10 Defendant committed felony carnal knowledge of a juvenile and attempted molestation of a juvenile
in August 1994 in Sabine Parish. The... view full summary | | 13. | District court abused its discretion by granting defendant new trial on grounds not asserted by him.
State v. Quincy McKinnies, Jr., 2013-K-1412 (La. 10/15/14) [26 pp.]
From LSCR Volume 22, Issue 10 Defendant was charged with aggravated assault on a peace officer with a firearm. At trial, Officer
Ryan Mekdessie of the Gretna Police... view full summary |
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