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Showing results for LSCR volume 24 LSCR issue 4
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TORTS

1.Summary judgment on liability based on res ipsa loquitur was improper.
Angelina Cantuba v. The American Bureau of Shipping, 2016-CC-0081 (La. 03/24/16) [1 p.]
From LSCR Volume 24, Issue 4

          This protracted litigation was instituted by relatives and personal representatives of Greek and Filipino seamen who were ... view full summary
CIVIL PROCEDURE

2.Summary judgment declaring parish ordinance unconstitutional was vacated for lack of notice to attorney general.
Michael Mudge v. Plaquemines Parish Council, 2016-CA-0587 (La. 04/22/16) [2 pp.]
From LSCR Volume 24, Issue 4

          NOLA Oil Terminal applied to the Plaquemines Parish Department of Permits for a permit to build an oil storage terminal. Despite oppos... view full summary
PROPERTY

3.Plaintiff entitled to opportunity to amend petition for possessory action to cure defect raised by exception of no cause of action.
On Leong Chinese Merchants Association v. AKM Acquisitions, LLC, 2016-C-0133 (La. 04/08/16) [1 p.]
From LSCR Volume 24, Issue 4

          Plaintiff, a Louisiana non-profit corporation, filed a petition for possessory action against defendants, alleging that plaintiff was ... view full summary
STATE AND LOCAL GOVERNMENT

4.Court reinstates denial of preliminary injunction aimed at preventing city from accepting lowest bid in street paving contract.
Durr Heavy Construction, LLC v. City of New Orleans, 2016-C-609 (La. 04/15/16) [7 pp.]
From LSCR Volume 24, Issue 4

          In March 2015 the City of New Orleans issued an invitation to bid on a public work for the paving of streets in Lakeview pursuant to t... view full summary
CRIMINAL

5.Court of appeal erred in reversing conviction based on unsworn comments by unidentified juror about extraneous prejudicial information received by jury, but district court should conduct hearing about whether and how jurors obtained the information.
State v. Latracus Henry, 2015-K-2300 (La. 03/24/16) [1 p.]
From LSCR Volume 24, Issue 4

          Defendant originally was charged with possession of a firearm as a convicted felon, as well as with the second degree murder of Dana S... view full summary
6.Officers who entered an open side gate and knocked on side door were not trespassing, and a later obtained search warrant was not tainted by an unconstitutional search.
State v. Charles Hilton, 2016-KK-0325 (La. 03/24/16) [6 pp.]
From LSCR Volume 24, Issue 4

          Police officers investigated a Crimestoppers' tip of narcotics activity at a building in a residential neighborhood. When they got to ... view full summary
7.Circumstances warranted revelation of identity of confidential informant to defendant.
State v. James J. Lewis, 2015-KK-2256 (La. 04/04/16) [4 pp.]
From LSCR Volume 24, Issue 4

          Defendant was charged with distributing heroin based on information from a confidential informant. In a transaction not observed direc... view full summary
8.In response to capital defendant's multiple ex parte motions and requests to seal records, district court must determine if disclosure of each item would be fundamentally unfair and issue written, transcribed reasons.
State v. David Brown, 2016-KK-0274 (La. 04/22/16) [5 pp.]
From LSCR Volume 24, Issue 4

          In this capital case defendant had filed several contradictory motions and subpoena requests ex parte in the district court, and the di... view full summary