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* Krystil Borrouso Lawton, editor of LSCR, is an attorney practicing in New Orleans. She is a 1991 graduate, magna cum laude, of Loyola Law School, where she served on the editorial board of the Loyola Law Review and as a member of the National Moot Court
From LSCR Volume 23, Issue 10
This publication is provided as a research service for its subscribers, and the publisher does not purport to furnish legal advice or assistance. While a professional effort is made to ensure the... view full summary
TORTS

2.Collateral source rule did not apply to portion of medical bill written-off by provider pursuant to agreement with counsel.
Eddie Hoffman v. 21st Century North America Ins. Co., 2014-C-2279 (La. 10/02/15) [12 pp.]
From LSCR Volume 23, Issue 10

          Plaintiff's automobile was rear-ended by defendant in Baton Rouge. In seeking treatment for his alleged injuries, plaintiff underwent ... view full summary
3.Store's statutory duty in slip and fall case did not prevent allocation of fault to subcontracting janitor.
Patricia Ann Thompson v. Winn-Dixie Montgomery, Inc., 2015-C-0477 (La. 10/14/15) [18 pp.]
From LSCR Volume 23, Issue 10

          Plaintiff slipped and fell in a puddle of water in front of a meat case while shopping at a Winn-Dixie store in New Iberia. Winn-Dixie... view full summary
4.Licensed contractor shielded from personal liability by LLC although residence was not constructed at proper flood elevation.
Jennifer Nunez v. Pinnacle Homes, LLC, 2015-C-0087 (La. 10/14/15) [20 pp.]
From LSCR Volume 23, Issue 10

          Plaintiff entered into a contract with Pinnacle Homes, LLC for the construction of a home in Cameron Parish. Allen Lena... view full summary
CONTRACTS

5.Lessors could terminate lease without including formal notice of cure period in default letters.
Kenneth H. Lobell v. Cindy Ann Rosenberg, 2015-C-0247 (La. 10/14/15) [14 pp.]
From LSCR Volume 23, Issue 10

          By agreement dated January 25, 1957, Simon and Herman H. Rosenberg leased property located at 2025 Canal Street in New Orleans to Eagl... view full summary
MEDICAL MALPRACTICE

6.Terminated law firm entitled to portion of fee from medical malpractice plaintiffs' settlement with PCF only two months after firm's termination.
W. Carl Reynolds, P.C. v. Marjorie A. McKeithen, 2015-C-1122 (La. 10/09/15) [2 pp.]
From LSCR Volume 23, Issue 10

          In November 1996 Stephen and Cindy Phares hired W. Carl Reynolds, a Georgia attorney, and his firm, Reynolds, McArthur & Horne (th... view full summary
CIVIL PROCEDURE

7.District court could not declare statute unconstitutional at hearing on preliminary injunction.
Janice Herbert Barber v. Louisiana Workforce Commission, 2015-CA-1700 (La. 10/09/15) [2 pp.]
From LSCR Volume 23, Issue 10

          Plaintiffs challenged certain provisions of the medical treatment schedule contained in Louisiana's Workers' Compensation Act, seeking... view full summary
8.Lis pendens prevented plaintiffs from pursuing claims presented in pending class actions from which they had not opted out.
Thelma Aisola v. Louisiana Citizens Property Ins. Corp., 2014-CC-1708 (La. 10/14/15) [10 pp.]
From LSCR Volume 23, Issue 10

          Plaintiffs were residents and homeowners in St. Bernard Parish whose properties were insured by defendant when Hurricane Katrina struc... view full summary
PROPERTY

9.Lessors of mineral rights who sold their interests to lessees for sum far less than actual value had no cause of action against lessees.
John C. McCarthy v. Evolution Petroleum Corp., 2014-C-2607 (La. 10/14/15) [26 pp.]
From LSCR Volume 23, Issue 10

          Plaintiffs were successors-in-interest to mineral rights within the Delhi Field Unit, located in Richland Parish. The mine... view full summary
10.Counsel for foreclosing lender entitled to summary judgment in debtor's Section 1983 claim against counsel for misuse of executory process.
The Bank of New York Mellon v. Whitney Blaine Smith, 2015-C-0530 (La. 10/14/15) [13 pp.]
From LSCR Volume 23, Issue 10

          Whitney and Pamela Smith entered into a residential mortgage contract with Saxon Mortgage Services. The mortgage was secur... view full summary
STATE AND LOCAL GOVERNMENT

11.City could not divest retired employee of right to participate in City's health plan by retroactive amendment of ordinance.
Dean Born v. City of Slidell, 2015-C-0136 (La. 10/14/15) [19 pp.]
From LSCR Volume 23, Issue 10

          Plaintiff was employed by the City of Slidell from 1983 through his retirement at the age of sixty on August 1, 2008. When he retired ... view full summary
12.State retirement system had mandatory authority to reduce retirement benefits to former Southern University president.
Dr. Ralph Slaughter v. Louisiana State Employees' Retirement System, 2015-C-0324 (La. 10/14/15)
From LSCR Volume 23, Issue 10

          In 2009 plaintiff retired as president of Southern University System. The Louisiana State Employees' Retirement System (LASERS) began ... view full summary
DOMESTIC RELATIONS

13.Child support payor could utilize Louisiana's IV-D program although he was not delinquent on payments or in need of assistance.
Joseph E. Boudreaux, II v. Jennifer Boudreaux, 2015-C-0536 (La. 10/14/15) [29 pp.]
From LSCR Volume 23, Issue 10

          Joseph and Jennifer Boudreaux were married in 1997, and two children were born during their marriage. In June 2011 they ... view full summary
CRIMINAL

14.Defendant's waiver of jury trial was knowing and intelligent, despite lack of recorded colloquy with district court.
State v. Reginald Spurlock, 2015-KK-1173 (La. 09/25/15) [5 pp.]
From LSCR Volume 23, Issue 10

          Following his bench trial conviction, defendant challenged his waiver of his right to a trial by jury. Defense counsel had waived defe... view full summary
15.Defendant failed to meet his burden in post-conviction application for relief and had exhausted his right to state collateral review.
State v. Anthony Tillman, 2015-KP-0635 (La. 09/25/15) [9 pp.]
From LSCR Volume 23, Issue 10

          In October 2009 defendant was charged with second-degree murder in the death of Saneria Johnson and first-degree feticide. In Septembe... view full summary
16.Expiration of time for adjudication in juvenile court did not affect State's ability to charge juvenile in district court based on same conduct.
State v. Terrance Roberson, 2014-CK-1996 (La. 10/14/15) [12 pp.]
From LSCR Volume 23, Issue 10

          Defendant was charged with armed robbery and attempted second-degree murder for offenses that allegedly occurred in May 2012 when he w... view full summary
17.District court did not abuse its discretion in sentencing defendant to maximum sentence available for simple rape conviction.
State v. Toby Fruge, 2014-K-1172 (La. 10/14/15) [13 pp.]
From LSCR Volume 23, Issue 10

          Defendant was charged with the forcible rape of two women, R.A. and J.H., in two separate incidents that occurred two years apart. In ... view full summary
18.Court of appeal erred in ordering an evidentiary hearing and issuance of subpoena duces tecum in untimely application for post-conviction relief.
State v. Ronald Marshall, 2014-KP-2091 (La. 10/14/15) [11 pp.]
From LSCR Volume 23, Issue 10

          In 1998 defendant was found guilty of armed robbery. At trial the victim testified that three men, including defendant, pushed their w... view full summary
19.Louisiana law allowed court to impose general costs of prosecution and investigation upon convicted defendant.
State v. Jessie Griffin, 2014-KP-1214 c/w 2014-KP-1238 (La. 10/14/15) [16 pp.]
From LSCR Volume 23, Issue 10

          In 2004 the State, through the office of the D.A. of the Third JDC, filed an omnibus motion for costs of prosecution. The State listed... view full summary
20.Court reinstates possession with intent to distribute cocaine conviction; court of appeal impinged on jury's discretion.
State v. Michael D. Ellis, 2014-E-1511 (La. 10/14/15) [8 pp.]
From LSCR Volume 23, Issue 10

          While defendant and a guest were at defendant's home, police found two small rocks of crack cocaine. Defendant admitted... view full summary
21.Defendant entitled to acquittal on conviction for molestation of a juvenile, which was not a lesser and included verdict for charged crime of aggravated incest.
State v. William J. Graham, 2014-K-1801 (La. 10/14/15) [13 pp.]
From LSCR Volume 23, Issue 10

          Defendant was charged with aggravated incest of a younger step-sibling, in violation of La. R.S. Section 14:78.1. Aggravated incest re... view full summary