Archive of LSCR Articles
Showing results for LSCR volume 22 LSCR issue 7 | Jump to a direct Volume/Issue
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| CONTRACTS
| 1. | Forum selection clauses are not against public policy in Louisiana. Shelter Mutual Insurance Company v. Rimkus Consulting Group, Inc., 2013-CC-1977 (La. 07/01/14) [29 pp.] From LSCR Volume 22, Issue 7 Plaintiff retained defendant to provide engineering evaluations and expert witness services in
connection with litigation r... view full summary | | TORTS
| 2. | City entitled to summary judgment in cracked sidewalk case. Relius Jenkins v. Larry Anthony Doucet, 2014-CC-0879 (La. 06/30/14) [1 p.] From LSCR Volume 22, Issue 7 Plaintiff sued the City of Baton Rouge and other defendants, alleging that he fell on a sidewalk due
to a crack or deviation and was i... view full summary | | INSURANCE
| 3. | Reporting provision of claims-made-and-reported policy does not violate Direct Action Statute. Joyce Gorman v. City of Opelousas, 2013-C-1734 (La. 07/01/14) [27 pp.] From LSCR Volume 22, Issue 7 Brian Armstrong, an inmate at the Opelousas city jail, allegedly died as a result of being beaten by
two other inmates on Septembe... view full summary | 4. | Plaintiff had private right of action against healthcare provider under Balance Billing Act. Yana Anderson v. Ochsner Health Care System, 2013-CC-2970 (La. 07/01/14) [18 pp.] From LSCR Volume 22, Issue 7 Plaintiff was injured in an automobile accident and treated at an Ochsner Health System facility. She
was insured by UnitedHealthcare.... view full summary | 5. | Plaintiff had stated a cause of action against insurer for failure of healthcare provider to bill insured at negotiated rate. Aaron Emigh v. West Calcasieu Cameron Hospital, 2013-CC-2985 (La. 07/01/14) [14 pp.] From LSCR Volume 22, Issue 7 This claim is part of a putative class action against West Calcasieu Cameron Hospital (WCCH) and
several health insurers for violation... view full summary | | CIVIL PROCEDURE
| 6. | Suspension of prescription under La. Civ. Proc. art. 596 applied despite removal of purported class action to federal court. Tenesha Smith v. Transport Services Company of Illinois, 2013-CC-2788 (La. 07/01/14) [17 pp.] From LSCR Volume 22, Issue 7 On August 7, 2002, a truck driver parked a tanker truck outside of his parents' home in New Orleans
as he ate dinner. The truck contai... view full summary | | CRIMINAL
| 7. | Defendants who pled guilty as adults were required to register as sex offenders even though offenses occurred when they were younger than fourteen. State v. I.C.S c/w State v. C.M.S., 2013-CK-1023 (La. 07/01/14) [24 pp.] From LSCR Volume 22, Issue 7 Defendants C.M.S. and I.C.S. are brothers. When they were twelve and thirteen-years-old,
respectively, they committed offen... view full summary | 8. | Felon-in-possession statute survived strict scrutiny analysis required by Louisiana constitutional amendment. State v. Christopher Eberhardt, 2013-KK-2306 c/w State v. Jamal C. Taylor, 2014-KA-0209 (La. 07/01/14) [17 pp.] From LSCR Volume 22, Issue 7 Prior to its amendment in 2012, La. Const. art. I, Section 11 provided, "The right of each citizen to keep
and bear arms shall not be ... view full summary | 9. | Domestic abuse battery arrest and conviction could not be expunged under R.S. Section 44:9(A)(5)(b). State v. Leonard Cardenas, III, 2013-C-2982 (La. 07/01/14) [13 pp.] From LSCR Volume 22, Issue 7 In September 2006, the State charged defendant with domestic abuse battery arising from an incident
with his wife that occurred in the... view full summary |
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