Archive of LSCR Articles
Showing results for LSCR volume 27 LSCR issue 5 | Jump to a direct Volume/Issue
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| BAR / DISCIPLINARY / ETHICS
| | 1. | Former judge suspended from practicing law after conviction for lying about residency.
In re: Yolanda Julie King, 2019-B-0356 (La. 05/20/2019) [8 pp.]
From LSCR Volume 27, Issue 5
Respondent, admitted to practice law in Louisiana, was elected in May 2013 to fill a judicial
vacancy on the Orleans Parish Juvenile Court. She was indicted in March 2014 ... view full summary | | TORTS
| | 2. | Jury should hear evidence of amount of medicals discounted by workers' comp reimbursement schedule, not undiscounted amount.
Kerry Simmons v. Cornerstone Investments, LLC, (La. 05/08/2019) [17 pp.]
From LSCR Volume 27, Issue 5
Plaintiff was employed by Cintas at its warehouse in Pineville. He was injured at work when
attempting to close a roll-up rear bay door that had jammed. Cintas paid worker... view full summary | | 3. | DOTD entitled to summary judgment in claim re defective intersection.
Robert G. Murphy v. Shauntal Savannah, 2018-C-0991 (La. 05/08/2019) [17 pp.]
From LSCR Volume 27, Issue 5
Plaintiff was operating his motorcycle in Shreveport on Louisiana Highway 538, known as
Old Mooringsport Road, traveling south on the two-lane highway. At the... view full summary | | 4. | Defendants entitled to summary judgment on punitive damages claim alleging intoxication.
Obadiah Stephenson, Jr. v. Bryce W. Hotard, 2019-CC-0478 (La. 05/20/2019) [3 pp.]
From LSCR Volume 27, Issue 5
Plaintiff was rear-ended by a truck driven by defendant Bryce Hotard and owned by
defendant Sunbelt Rentals, Inc. In his suit against defendants, plaintiff in... view full summary | | CIVIL PROCEDURE
| | 5. | Party seeking to compel arbitration could make use of Louisiana attachment statute.
Stemcor USA Inc. v. CIA Siderurgica Do Para Casipar, 2018-CQ-1728 (La. 05/08/2019) [19 pp.]
From LSCR Volume 27, Issue 5
This case involved a dispute between two creditors of America Metals Trading, L.L.P. (AMT). The creditors were Daewoo International Corp. and Thyssenkrupp Mannex GM... view full summary | | 6. | District court didn't abuse discretion in denying suspensive appeal to LSU in claim by expelled dental students.
Jennifer Thien v. Board of Supervisors of Louisiana State University, 2019-CC-0429 (La. 05/20/2019) [3 pp.]
From LSCR Volume 27, Issue 5
Plaintiffs were LSU dental school students who had been expelled on allegations of cheating. They filed suit alleging violation of their due process rights. The district ... view full summary | | CONTRACTS
| | 7. | Court enforces forum selection clause in Louisiana insurance policy selecting New York as venue for suit on policy.
Creekstone Juban, I, LLC v. XL Insurance America, Inc., 2018-CC-0748 (La. 05/08/2019) [24 pp.]
From LSCR Volume 27, Issue 5
Plaintiff, a Delaware limited liability company, owned the Juban Crossing shopping mall in
Livingston Parish, property consisting of high-end multi-use facilities for reta... view full summary | | 8. | Defendants not entitled to summary judgment based on res judicata effect of release signed by Jones Act seaman.
Jordain Brasseaux v. Moncla Marine Operations, LLC, 2019-CC-0477 (La. 05/20/2019) [1 p.]
From LSCR Volume 27, Issue 5
Plaintiff asserted claims as a Jones Act seaman, and defendants moved for summary
judgment based on the res judicata effect of a settlement and release. The... view full summary | | MEDICAL MALPRACTICE
| | 9. | Malpractice claim by deceased's granddaughter did not suspend prescription of wrongful death and survival claims.
James E. Guffey v. Lexington House, LLC., 2018-CC-1568 (La. 05/08/2019) [22 pp.]
From LSCR Volume 27, Issue 5
Geneva Guffey was an elderly patient at Lexington Nursing Home in Alexandria. In January
2016 she sustained a laceration to her leg while being transferred from a bath cha... view full summary | | STATE AND LOCAL GOVERNMENT
| | 10. | Attorney General had right of action to pursue State's claim against contractor for overpayment of Medicare providers
State v. Molina Healthcare, Inc., 2018-CC-1768 (La. 05/08/2019) [29 pp.]
From LSCR Volume 27, Issue 5
The State of Louisiana, represented by its Attorney General, filed this suit in 2014 against
Molina Healthcare, Inc., Molina Information Systems, L.L.C., and Unisy... view full summary | | SUCCESSIONS
| | 11. | Executor entitled to inspection of LLC records that pre-dated death of decedent.
Succession of Colleen McCalmont, 2019-C-0359 (La. 05/20/2019) [2 pp.]
From LSCR Volume 27, Issue 5
Colleen and James McCalmont were married in 1985. Colleen filed for divorce in August of
2016 but passed away from a brain tumor before the divorce was finaliz... view full summary | | CRIMINAL
| | 12. | Aggravated flight from officer could be based on repeated occurrence of enumerated act.
State v. Randy Lee Turner, 2018-K-0780 (La. 05/08/2019) [9 pp.]
From LSCR Volume 27, Issue 5
Defendant was charged with aggravated flight from an officer under La. R.S. Section 14:108.1. The
statute defines the crime in pertinent part as "the intentional refusal o... view full summary | | 13. | Court of appeal erred in resentencing defendant after finding sentence excessive.
State v. Julius Hankton, 2018-K-1457 (La. 05/20/2019) [1 p.]
From LSCR Volume 27, Issue 5
Defendant was convicted of one count of possession with intent to distribute heroin, four
counts of possession of a firearm by a convicted felon, and one count of possessi... view full summary | | 14. | Brady claim overcame procedural bars to habeas application.
State v. Bruce Alvin Robertson, 2018-KH-1006 (La. 05/20/2019) [1 p.]
From LSCR Volume 27, Issue 5
Defendant filed an application for post-conviction relief, claiming a violation of Brady v. Maryland, 373 U.S. 83 (1963). The district court dismissed the app... view full summary |
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