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1.Court rejects sanction recommended against judge.
In Re Hon. Janice Gartrell Clark, 2014-O-0188 (La. 05/07/14) [16 pp.]
From LSCR Volume 22, Issue 5

          This matter involved charges against Judge Janice Clark of the 19th JDC. The complaints forming the basis of the charges were made by ... view full summary

2.One-year time period for bringing a survival action under art. 2315.1 is prescriptive, not peremptive.
Patricia Watkins v. Exxon Mobil Corporation, 2013-CC-1545 (La. 05/07/14) [17 pp.]
From LSCR Volume 22, Issue 5

          James Hicks died in 1986. In 2011, his daughter filed a survival action pursuant to La. Civ. Code art. 2315.1 and a wrongful death act... view full summary

3.Under medical pay provision of auto policy, plaintiff was entitled to recover only discounted amount of hospital bill negotiated by health insurer.
Ashley Hoffman v. Travelers Indemnity Company of America, 2013-CC-1575 (La. 05/07/14) [13 pp.]
From LSCR Volume 22, Issue 5

          Plaintiff was insured under an automobile insurance policy issued by defendant and a health insurance policy issued by AE... view full summary

4.Partial summary judgment against physician on causation was not binding against PCF in plaintiff's claim for damages exceeding $100,000 cap.
Majdi Khammash v. John E. Clark, M.D., 2013-C-1564 c/w 2013-C-1736 (La. 05/07/14) [22 pp.]
From LSCR Volume 22, Issue 5

          Plaintiff injured his back and was treated by Dr. John Clark and, in his absence, Dr. Gray Barrow. He filed suit against several defen... view full summary

5.22ND JDC's family court had jurisdiction over partition of separate property of divorcing couple.
Lange Walker Allen, II v. Susan Taylor Allen, 2013-CC-2778 (La. 05/07/14) [12 pp.]
From LSCR Volume 22, Issue 5

          Before their marriage, Mr. and Mrs. Allen entered into an agreement establishing a separate property regime. Mr. Allen filed a petitio... view full summary

6.OWC's medical treatment schedule applied to treatment sought by claimant although her injury pre-dated effective date.
Church Mutual Insurance Company v. Thelma Dardar, 2013-C-2351 (La. 05/07/14) [26 pp.]
From LSCR Volume 22, Issue 5

          Thelma Dardar injured her back in a work-related accident in 1999 while employed by Trinity United Methodist Preschool. In 2008, she s... view full summary
7.Medical treatment schedule also applied in related case.
Callie Ann Cook v. Family Care Services, Inc., 2013-CC-2326 (La. 05/07/14) [5 pp.]
From LSCR Volume 22, Issue 5

          In this related case, claimant injured her back while working for Family Care Services, Inc. in 2006. She underwent surgery in 2007 an... view full summary

8.City substantially complied with requirements for notice to owner of blighted, unoccupied property.
City of New Orleans v. Kevin M. Dupart, 2014-C-0617 (La. 05/02/14) [3 pp.]
From LSCR Volume 22, Issue 5

          Defendant owned unoccupied property in New Orleans. By certified mail, the City sent him notice of an administrative hearing to addres... view full summary
9.Plaintiff had not pled petitory action and was entitled to have possessory action heard.
On Leong Chinese Merchants Association v. AKM Acquisitions, LLC, 2014-C-0533 (La. 05/02/14) [2 pp.]
From LSCR Volume 22, Issue 5

          Plaintiff, a Louisiana non-profit corporation, filed a "Petition for Possessory Action Relief and Damages" against defenda... view full summary
10.Court affirmed reversal of $11 million judgment; deed was sufficiently specific to create mineral interest in favor of third party prior to plaintiffs' purchase of property; attorneys did not commit LUTPA violation.
Quality Environmental Processes, Inc. v. I.P. Petroleum Company, Inc., 2013-C-1582 c/w 2013-C-1588 c/w 2013-C-1703 (La. 05/07/14) [28 pp.]
From LSCR Volume 22, Issue 5

          In 1992, Michael St. Martin and Virginia Rayne St. Martin purchased a tract of land in Terrebonne Parish by act of cash sale. In the a... view full summary

11.Creation of Montana corporation to avoid sales tax on RV did not amount to tax evasion.
Robert L. Thomas v. Cynthia Bridges, 2013-C-1855 (La. 05/07/14) [16 pp.]
From LSCR Volume 22, Issue 5

          In December 2007, plaintiff, a Louisiana resident, negotiated with Dixie RV Super Store in Hammond for the purchase of a ... view full summary

12.Defendant failed to meet his burden of proving that zoning ordinance's definition of "family" was unconstitutional.
City of Baton Rouge v. Stephen C. Myers, 2013-CA-2011 (La. 05/07/13) [30 pp.]
From LSCR Volume 22, Issue 5

          The City of Baton Rouge/Parish of East Baton Rouge sought injunctive relief against defendant to compel him to cease his alleged viola... view full summary

13.Statute criminalizing carrying illegal drugs while possessing a firearm did not violate right to bear arms granted by Louisiana Constitution.
State v. Rico Webb, 2013-KK-1681 (La. 05/07/14) [19 pp.]
From LSCR Volume 22, Issue 5

          A traffic stop in New Orleans resulted in officers recovering a marijuana "blunt" from defendant's back pack, as well as a handg... view full summary
14.Officer outside his jurisdiction had authority to detain defendant.
State v. John Emmitt Gates, 2013-KK-1422 (La. 05/07/14) [28 pp.]
From LSCR Volume 22, Issue 5

          Officer Brian Bell of the Haughton Police Department was on duty and within city limits while sitting in his patrol car at the interse... view full summary
15.Double jeopardy did not bar retrial of defendant where district court granted mistrial after acquitting defendant without authority to do so.
State v. Morris Davenport, 2013-KK-1859 (La. 05/07/14) [39 pp.]
From LSCR Volume 22, Issue 5

          Defendant was charged with aggravated rape. At the jury trial, the State was required to prove that the victim suffered from a mental ... view full summary
16.Court reinstated conviction based largely on circumstantial evidence of cell phone calls.
State v. Samuel Mack, Jr., 2013-K-1311 (La. 05/07/14) [18 pp.]
From LSCR Volume 22, Issue 5

          A jury convicted defendant of being a principal to the murder of Mark Westbrook, who was executed by a gun shot to the back of the hea... view full summary