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Showing results for LSCR volume 22 LSCR issue 7
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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