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Showing results for LSCR volume 23 LSCR issue 5
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BAR / DISCIPLINARY / ETHICS

1.Former Congressman William Jefferson permanently disbarred.
In Re: William J. Jefferson, 2015-B-0508 (La. 05/01/15) [6 pp.]
From LSCR Volume 23, Issue 5

          Respondent is a former member of the U.S. House of Representatives, representing the Second Congressional District of Louisiana. He wa... view full summary
MEDICAL MALPRACTICE

2.Jury verdict for defendant was not manifestly erroneous given expert testimony at trial.
Clyde Snider, Jr. v. Louisiana Medical Mutual Insurance Company, 2014-C-1964 (La. 05/05/15) [17 pp.]
From LSCR Volume 23, Issue 5

          In May 2007 plaintiff was diagnosed with coronary artery disease and acute coronary syndrome and treated with angioplasty and the ... view full summary
INSURANCE

3.Insurer can be liable for bad faith failure to settle claim even absent firm settlement offer from claimant; insurer can be liable for misrepresentations unrelated to policy.
Danny Kelly v. State Farm Fire & Casualty Company, 2014-CQ-1921 (La. 05/05/15) [27 pp.]
From LSCR Volume 23, Issue 5

          Plaintiff was injured in an automobile accident in 2005 with Henry Thomas, a State Farm insured. The cost of plaintiff's medical care ... view full summary
CIVIL PROCEDURE

4.Error in granting ex parte motion to strike answer without hearing, resulting in default judgment in excess of $1 million, was not harmless.
Citadel Builders, LLC v. Dirt Worx of Louisiana, LLC, 2014-C-2700 (La. 05/01/15) [9 pp.]
From LSCR Volume 23, Issue 5

          Plaintiff sued defendant for breach of contract on a construction project. After defendant was served with the citation and petition, ... view full summary
5.Class action was appropriate vehicle for resolution of claims by insured patients against healthcare provider under Balance Billing Act.
Prentiss Baker v. PHC-Minden, L.P., 2014-C-2243 (La. 05/05/15) [26 pp.]
From LSCR Volume 23, Issue 5

          Plaintiffs filed this class action proceeding alleging defendant, d/b/a Minden Medical Center, engaged in unlawful billi... view full summary
PROPERTY

6.Plaintiff who used neighbor's property with permission, even if only implied, was precarious possessor who acquired no rights by acquisitive prescription.
John Boudreaux v. Paul Cummings, 2014-C-1499 (La. 05/05/15) [26 pp.]
From LSCR Volume 23, Issue 5

          Plaintiff sued defendant for recognition of a predial servitude/right of way by virtue of acquisitive prescription and a permanent inj... view full summary
WORKERS' COMPENSATION

7.Employers entitled to tort immunity against suits for noise induced hearing loss.
James Arrant v. Graphic Packaging International, Inc., 2013-C-2878 c/w 2013-C-2981 (La. 05/05/15) [41 pp.]
From LSCR Volume 23, Issue 5

          Plaintiffs in these seven consolidated cases were current or former employees of the West Monroe facility, which included a paper mill... view full summary
DOMESTIC RELATIONS

8.Income of child's biological father should be taken into consideration in support action against legally presumed father.
State of Louisiana, Department of Children and Family Services, in the Interest of A.L. v. Thomas Lowrie, 2014-CC-1025 (La. 05/05/15) [28 pp.]
From LSCR Volume 23, Issue 5

          In December 2002 Thomas Lowrie married Melissa Lowrie. She gave birth to A.L. in February 2003 and to B.W. in May 2009. In Octo... view full summary
CRIMINAL

9.Retroactive application of DNA exception to prescription of criminal charges violated Ex Post Facto Clauses, as did retroactive application of chemical castration statute.
State Ex Rel. Herbert Nicholson v. State, 2013-KH-0072 (La. 05/05/15) [7 pp.]
From LSCR Volume 23, Issue 5

          More than a decade after investigating two separate attacks on women in 1991 and 1994, Orleans Parish law enforcement authorities test... view full summary