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Showing results for LSCR volume 26 LSCR issue 7
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TORTS

1.Prescriptive period for false arrest and imprisonment begins at date of arrest, not release.
Marlon Eaglin v. Eunice Police Department, 2017-C-1875 (La. 06/27/18) [14 pp.]
From LSCR Volume 26, Issue 7
     On May 4, 2015, the Eunice Police Department arrested Marlon Eaglin, Paul Powell, and two others and charged them with second degree murder. Eaglin and Pow... view full summary
MEDICAL MALPRACTICE

2.Court of appeal misconstrued claim for loss of chance of better outcome and valuation of damages.
Roger Burchfield v. Forrest H. Wright, M.D., 2017-C-1488 (La. 06/27/18) [20 pp.]
From LSCR Volume 26, Issue 7
     Roger Burchfield underwent non-emergency gallbladder surgery in August 2013. The surgery was performed by Forrest H. Wright. M.D. Although Dr. Wright or... view full summary
WORKERS' COMPENSATION

3.Employer could devolutively appeal award of benefits even though statute required bond.
Angela Jackson v. Family Dollar Stores of LA, Inc., 2018-C-0170 (La. 06/27/18) [23 pp.]
From LSCR Volume 26, Issue 7
     Claimant was injured in the course and scope of her employment with defendant. In January 2017 the Office of Workers' Compensation (OWC) awarded clai... view full summary
PROPERTY

4.Mortgage company was not liable for damages for failure to release mineral lease.
Gloria's Ranch, LLC v. Tauren Exploration, Inc., 2017-C-1518 (La. 06/27/18) [28 pp.]
From LSCR Volume 26, Issue 7
     In 2004 plaintiff granted a mineral lease to Tauren Exploration, Inc. covering 1,390.25 acres in Caddo Parish. The lease was granted for an initial three-year ... view full summary
JUVENILE

5.Court addresses standard for termination of guardianship in face of claim by biological mother.
In Re: L.M.M., Jr., a Minor, 2017-CJ-1988 (La. 06/27/18) [33 pp.]
From LSCR Volume 26, Issue 7
     LMM was born prematurely in November 2011 to an unmarried 18-year-old mother, Kodie, and a 19-year-old father. LMM's parents routinely used illicit drugs and were unable... view full summary
CRIMINAL

6.Court grants post-conviction relief based on ineffective assistance in representation of abused wife who killed husband.
State v. Catina Curley, 2016-KP-1708 (La. 06/27/18) [28 pp.]
From LSCR Volume 26, Issue 7
     Defendant and Renaldo Curley were married for more than nine years and lived in New Orleans with their children, including Renaldo's son from a prio... view full summary
7.Defendant entitled to acquittal because simple kidnapping was not responsive verdict to second degree kidnapping.
State v. Jubbard Price, 2017-K-0520 (La. 06/27/18) [9 pp.]
From LSCR Volume 26, Issue 7
     In January 2012 Donald Johnson, Andrea Price, and defendant arrived at a house on Devine Street in New Orleans. Their plan was to lure those present at the house into ... view full summary
8.Defendant not entitled to suppression of weapon found in warrantless search of car.
State v. Caresses Perique, 2018-KK-981 (La. 06/28/18) [4 pp.]
From LSCR Volume 26, Issue 7
     A New Orleans police officer stopped defendant's vehicle and detained defendant after the officer saw him commit several traffic violations. During the detention,... view full summary