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Showing results for LSCR volume 24 LSCR issue 5
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BAR / DISCIPLINARY / ETHICS

1.Justice of the peace removed from office for failing to pay previously imposed penalty and ignoring disciplinary proceedings.
In Re Justice of the Peace Stacie P. Myers, 2016-O-0078 (La. 05/03/16) [11 pp.]
From LSCR Volume 24, Issue 5

          In December 2012 the Court imposed a $1,500 civil penalty on Pointe Coupee Parish Justice of the Peace Stacie P. Myers for a willful a... view full summary
CONTRACTS

2.Failure to comply with notice and recordation requirements of Public Works Act does not affect rights of subcontractor in privity with general contractor to proceed against the contractor's surety on bond.
Pierce Foundations, Inc. v. Jaroy Construction, Inc., 2015-C-0785 (La. 05/03/16) [31 pp.]
From LSCR Volume 24, Issue 5

          JaRoy Construction contracted with Jefferson Parish to serve as the general contractor on a public works project for the construction ... view full summary
3.Defendant not entitled to art. 2003 reduction of damages it owed for breach of contract unless breach by plaintiff contributed to defendant's breach.
Lamar Contractors, Inc. v. Kacco, Inc., 2015-C-1430 (La. 05/03/16) [9 pp.]
From LSCR Volume 24, Issue 5

          Plaintiff was the general contractor on a construction project. Defendant subcontracted to provide metal framing and drywall work on t... view full summary
TAXATION

4.Sales tax exclusion applied to defendant's purchase of limestone used in production of electricity because defendant sold resultant ash byproduct to third party.
Cynthia Bridges, Sec. of Revenue, State of La. v. Nelson Industrial Steam Co., 2015-C-1439 (La. 05/03/16) [39 pp.]
From LSCR Volume 24, Issue 5

          In 1988 Gulf States Utilities (now Entergy), Citco, Conoco, and Vista (now Sasol) entered into a partnership known as Nelson Industria... view full summary
5.Nightclubs failed to keep suitable records of cash sales; tax collector's assessment of unpaid sales taxes was not arbitrary or improper.
Yesterdays of Lake Charles, Inc. v. Calcasieu Parish Sales & Use Tax Dept., 2015-C-1676 (La. 05/13/16) [34 pp.]
From LSCR Volume 24, Issue 5

          Plaintiffs were two cash-based nightclubs located adjacent to each other in Calcasieu Parish and owned by Clarence Vallet. Together th... view full summary
ADMINISTRATIVE

6.Court remands for civil service board's consideration of alcohol breath test of firefighter.
City of Alexandria v. Kendall Dixon, 2015-CC-1718 (La. 05/03/16) [15 pp.]
From LSCR Volume 24, Issue 5

          Kendall Dixon was hired as a firefighter for the Alexandria Fire Department in 2009. The Fire Department had a "zero-to... view full summary
DOMESTIC RELATIONS

7.East Baton Rouge Family Court has jurisdiction over garnishment proceeding against third party by spouse seeking to enforce judgment partitioning community.
Teresa Caballero v. David Caballero, 2015-CC-2039 (La. 05/03/16) [14 pp.]
From LSCR Volume 24, Issue 5

          David Caballero filed a petition for partition of community property in East Baton Rouge Family Court against his former wife, Teresa.... view full summary
CRIMINAL

8.Recanting witnesses' in-court identifications of defendant at first trial could not be admitted at second trial.
State v. Jerome Morgan, 2016-KK-0550 (La. 05/13/16) [6 pp.]
From LSCR Volume 24, Issue 5

          Defendant was convicted of second degree murder for the May 1993 shooting death of Clarence Landry at a sweet sixteen party. After ser... view full summary
9.Capital defendant not entitled to post-conviction relief.
State v. Daniel Blank, 2016-KP-0213 (La. 05/13/16) [22 pp.]
From LSCR Volume 24, Issue 5

          In 1999 a jury convicted defendant of the first degree murder of seventy-one-year-old Lillian Philippe. The State's evide... view full summary