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Showing results for LSCR volume 23 LSCR issue 6
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BAR/ DISCIPLINARY / ETHICS

1.Court made deferred sanction executory when justice of the peace failed to comply with prior order of Court.
In re: Justice of the Peace Stacie P. Myers, 2014-O-1528 (La. 06/17/15) [3 pp.]
From LSCR Volume 23, Issue 6

          In an earlier decision, the Court concluded there was clear and convincing evidence that respondent, a justice of the peace in Pointe ... view full summary
CIVIL PROCEDURE

2.Derivative action should be filed in parish of proper venue as to corporation.
Joseph A. Kunstler v. LTSKC, Inc., 15-CC-0914 (La. 06/05/15) [1 p.]
From LSCR Volume 23, Issue 6

          In this derivative action, defendants filed, inter alia, exceptions of improper venue, objecting to the case having been brought in Ea... view full summary
3.Suspensive appeal applied to time period granted by district court for homeowners to comply with building ordinance.
Davenport v. City of Alexandria, 2015-C-0454 (La. 06/30/15) [3 pp.]
From LSCR Volume 23, Issue 6

          Plaintiffs, who owned a home in Alexandria, made an addition to their carport in 1980 before the enactment of the current City of Alex... view full summary
4.Plaintiffs acted in bad faith in naming their UM carrier as defendant to defeat proper venue.
Julie Foret Huval v. Wilton Joseph Chaisson, 2015-CC-0865 (La. 06/30/15) [1 p.]
From LSCR Volume 23, Issue 6

          Plaintiffs filed suit as a result of an automobile accident and included their underinsured/uninsured motorist (UM) carrier as a defen... view full summary
INSURANCE

5.Summary judgment for UM carrier not appropriate where waiver form contained different policy number; judgment finding coverage not appropriate either.
Sonya Rodgers v. State Farm Mutual Automobile Insurance, 2015-C-0868 (La. 06/30/15) [3 pp.]
From LSCR Volume 23, Issue 6

          As a result of an automobile accident, plaintiff sued State Farm, her auto liability carrier, seeking to recover under the underinsure... view full summary
SUCCESSIONS

6.Intestate decedent's spouse with usufruct over decedent's share of community was required to provide security where naked owner was grandson and security had not been dispensed with.
Succession of Oleava K. Knighton, 2015-CC-0777 (La. 06/30/15) [2 pp.]
From LSCR Volume 23, Issue 6

          Oleava Knighton died intestate. She was survived by her husband, Weldon, and her grandson, Kevin. Kevin's father, who was Weldon's... view full summary
CRIMINAL

7.Probationer had a diminished constitutional expectation of privacy, making search and seizure lawful under the circumstances.
State v. Keith Lee, 2015-KK-1161 (La. 06/15/15) [2 pp.]
From LSCR Volume 23, Issue 6

          Probation agents were lawfully in the residence of a probationer to check his compliance with conditions of probation. D... view full summary
8.Court vacated gang rape convictions and life sentences and remanded for new trial to include newly discovered evidence bearing on credibility of victim and other key witness.
State v. Derrick Maise, 2014-K-1912 c/w 2014-K-1923 c/w 2014-K-1926 c/w 2014-K-1933 (La. 06/30/15) [12 pp.]
From LSCR Volume 23, Issue 6

          Defendants Derrick Maise, Brett Ward, Clayton James King, and Michael Ayo each were charged by grand jury indictment with one count of... view full summary