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Showing results for LSCR volume 23 LSCR issue 7
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BAR / DISCIPLINARY / ETHICS

1.Fraud exception to peremptive statute applied to malpractice claim against attorney who failed to record community property settlement and lulled plaintiff into inaction once malpractice came to light.
Tracy Ray Lomont v. Michelle Myer-Bennett, 2014-C-2483 (La. 06/30/15) [28 pp.]
From LSCR Volume 23, Issue 7

          Defendant, an attorney, was hired by plaintiff to represent her in a divorce matter. Plaintiff and her ex-husband agreed to a partial ... view full summary
TORTS

2.Louisiana does not recognize cause of action for negligent spoliation of evidence.
Richard Reynolds v. Robert Bordelon, III, 2014-C-2362 (La. 06/30/15) [18 pp.]
From LSCR Volume 23, Issue 7

          Plaintiff sustained injuries in a multi-vehicle accident in St. Tammany Parish and filed suit against another driver. He also asserted... view full summary
3.Auto manufacturer entitled to summary judgment as to defective airbag claim where plaintiff failed to meet his burden.
Richard Reynolds v. Robert Bordelon, III, 2014-C-2371 (La. 06/30/15) [14 pp.]
From LSCR Volume 23, Issue 7

          In a companion appeal to the one discussed above, plaintiff sought relief from the district court's grant of summary judgment to ... view full summary
PROPERTY

4.Statute governing procedure for closing private railroad crossings did not effect unconstitutional taking of railroad's property.
R.T. Faulk III v. Union Pacific Railroad Co., 2014-CQ-1598 (La. 06/30/15) [34 pp.]
From LSCR Volume 23, Issue 7

          In the late 1880s the predecessors of Union Pacific Railroad Company acquired the right to build a railroad over certain property in O... view full summary
CIVIL PROCEDURE

5.Plaintiffs challenging camera ticket hearing procedure not entitled to permanent injunction on summary judgment because they failed to follow summary judgment procedure.
Lee Rand v. City of New Orleans, 2014-CA-2506 (La. 06/30/15) [8 pp.]
From LSCR Volume 23, Issue 7

          In 2007 the City of New Orleans enacted a group of ordinances that created the Automated Traffic Enforcement System (ATES), including ... view full summary
6.Amount of settlement with dismissed defendants not counted in valuation of amount in dispute for jurisdictional purposes in city court.
Holly Swayze v. State Farm Mutual Automobile Ins. Co., 2014-C-1899 (La. 06/30/15) [17 pp.]
From LSCR Volume 23, Issue 7

          Plaintiff sustained neck and back injuries when she was involved in an auto accident with Brittany Miles. Plaintiff sued Miles and her... view full summary
7.Demand for class action dismissed for failure to meet ninety-day deadline to move for class certification.
Michael Riley v. Robin Keegan, 2015-CC-1388 (La. 07/22/15) [1 p.]
From LSCR Volume 23, Issue 7

          Plaintiffs filed this purported class action but did not move to certify the class until two hundred and sixty days after service ... view full summary
CONSTITUTIONAL LAW

8.Act 1 of 2012, providing for teacher termination proceedings, not unconstitutional on its face.
Kasha Lapointe v. Vermillion Parish School Board, 2015-CA-0432 (La. 06/30/15) [19 pp.]
From LSCR Volume 23, Issue 7

          Plaintiff was employed as a public school teacher by the Vermillion Parish School Board. She received notice of a due pr... view full summary
9.Challenge to Louisiana laws prohibiting same-sex marriage moot in light of decision by U.S. Supreme Court and relief granted by federal court.
Angela Marie Costanza v. James Caldwell, 2014-CA-2090 (La. 07/07/15) [12 pp.]
From LSCR Volume 23, Issue 7

          Plaintiffs challenged the constitutionality of La. Const. Art. XII, Section 15; La. Civ. Code arts. 86, 89, and 3520(B); and Revenue... view full summary
JUVENILE

10.Because incest charges against juvenile did not require that he register as a sex offender, he was not obligated to comply with sex offender identification statutes.
State in the Interest of K.L.A., 2014-CK-1410 (La. 06/30/15) [10 pp.]
From LSCR Volume 23, Issue 7

          A delinquency petition was filed against K.L.A. in March 2012, charging him with a violation of La R.S. Section 14:78.1(B)(2), aggrava... view full summary
CRIMINAL

11.Court affirms reversal of manslaughter conviction in light of State's failure to present any medical expert to testify about victim's cause of death.
State v. Willie James Robertson, 2014-E-0945 (La. 06/30/15) [8 pp.]
From LSCR Volume 23, Issue 7

          In 1999 an eighty-six-year-old woman was found dead on the floor of her kitchen, with three plastic grocery bags lying just beyond rea... view full summary
12.Other crimes evidence should not have been allowed given complete lack of evidence from State that defendant committed the other crimes.
State v. Tyrone Daniel, 2015-KK-1312 (La. 07/08/15) [3 pp.]
From LSCR Volume 23, Issue 7

          In this homicide case, the district court denied defendant's motion for continuance and ruled that the State would be allowed to intro... view full summary
13.Inculpatory statements suppressed in light of clear Miranda violation.
State v. Gretchen Caston, 2015-KK-1348 (La. 07/11/15) [4 pp.]
From LSCR Volume 23, Issue 7

          Defendant was arrested by officers for allegedly shoplifting. An assisting officer then arrived at the scene and questioned defendant.... view full summary