Archive of LSCR Articles

Showing results for LSCR volume 27 LSCR issue 5
Jump to a direct Volume/Issue
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