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TORTS

1.Court reallocates fault in suit by NOPD officer attacked by inmate in hospital.
12/11/2020) [25 pp.]
From LSCR Volume 28, Issue 12
     In November 2009 armed robbery suspect Conrad Jackson was being treated at the Medical Center of Louisiana at New Orleans (University Hospital) for injuries he sustaine... view full summary
2.Child given in adoption may bring survival and wrongful death actions.
Khristy Goins Rismiller v. Gemini Insurance Co., 2020-CA-00313 (La. 12/11/2020) [36 pp.]
From LSCR Volume 28, Issue 12
     In October 2015 an eighteen-wheeler collided head-on with a vehicle driven by Richard Stewart, Jr., who was killed, along with his two minor child... view full summary
CIVIL PROCEDURE

3.Court reinstates dismissal of tort claim against sheriff.
Shawn Morgan v. West Baton Rouge Parish Sheriff's Dept., 2020-C-00999 (La. 12/22/2020) [2 pp.]
From LSCR Volume 28, Issue 12
     Plaintiff filed this suit in September 2013 against the West Baton Rouge Parish Sheriff's Department (WBRPSD), Eric Morales, the City of Port Allen... view full summary
4.Suit to enjoin political ads was mooted by election.
Linda Kocher v. Truth in Politics, 2020-C-01153 (La. 12/22/2020) [3 pp.]
From LSCR Volume 28, Issue 12
     Three days before the gubernatorial election in 2019, plaintiff filed this action to enjoin defendants from running allegedly false campaign ads under La. ... view full summary
WORKERS' COMPENSATION

5.Claimant's holding of settlement checks that contained conditional language triggered 30-day penalty provision against employer.
Walter Zinn v. Zagis USA, LLC, 2020-C-00971 (La. 12/22/2020) [5 pp.]
From LSCR Volume 28, Issue 12
     Claimant settled his workers' compensation case against his employer for $40,000. Claimant's counsel received two checks in payment of the total, as well as a r... view full summary
STATE AND LOCAL GOVERNMENT

6.Court remands dispute between governor and legislature for consideration of non-constitutional issues.
Governor John Bel Edwards v. Louisiana State Legislature, 2020-CA-1407 (La. 12/21/2020) [8 pp.]
From LSCR Volume 28, Issue 12
     On October 8, 2020, Governor Edwards issued Proclamation 134 JBE 2020, imposing certain restrictions in light of the COVID-19 pandemic. On October 23, the Lo... view full summary
TAXATION

7.Court partially vacates injunction in dispute over taxes the City of New Orleans collects on behalf of the Orleans Parish School Board.
Orleans Parish School Board v. The City of New Orleans, 2020-C-00932 (La. 12/22/2020) [4 pp.]
From LSCR Volume 28, Issue 12
     The Orleans Parish School Board (OPSB) filed a "Petition for Writ of Mandamus, or in the Alternative, for Preliminary and Permanent Injunction, Declaratory Judgm... view full summary
JUVENILE

8.Court vacates disposition that violated Children's Code.
State in the Interest of NS, 2020-CK-01171 (La. 12/08/2020) [5 pp.]
From LSCR Volume 28, Issue 12
     NS, along with two other female juveniles, was adjudicated delinquent after participating in a carjacking. NS was just five days shy of her fourteenth birthday when the... view full summary
9.Juvenile entitled to release when continued custody hearing was held four days from detention.
State in the Interest of MB, 2020-CK-01414 (La. 12/22/2020) [4 pp.]
From LSCR Volume 28, Issue 12
     Fourteen-year-old MB was arrested on several charges on December 4, 2020, and detained at the Juvenile Justice Intervention Center in Orleans Parish. On December 8, MB ... view full summary
CRIMINAL

10.Court remands non-unanimous conviction to court of appeal in light of Ramos.
State v. Anthony Strong, 2020-K-00483 (La. 12/08/2020) [2 pp.]
From LSCR Volume 28, Issue 12
     On April 20, 2020, the U.S. Supreme Court decided Ramos v. Louisiana, 140 S. Ct. 1390 (2020). In Ramos, the U.S. Supreme Court granted a writ of certiora... view full summary
11.Court reinstates denial of chief indigent defender's motion to withdraw from and decline all appointments based on underfunding of office.
State v. Roderick L. Covington, 2020-KK-00447 (La. 12/11/2020) [17 pp.]
From LSCR Volume 28, Issue 12
     In these consolidated cases in the 19th JDC, Michael A. Mitchell, the chief indigent defender for East Baton Rouge Parish, filed a "Motion to Withdraw from Current Appo... view full summary
12.Court reinstates guilty plea of defendant whose counsel sought withdrawal on eve of trial.
State v. Tyrone D. Johnson, 2019-K-02004 (La. 12/11/2020) [8 pp.]
From LSCR Volume 28, Issue 12
     In June 2015 police captured defendant on video selling 3.6 grams of methamphetamine to an informant. Defendant was charged with distribution of methamphetamine, retain... view full summary
13.Counsel did not have a per se duty to inquire into client's citizenship before he pleaded guilty.
State v. Ronald Sewell, 2020-KK-00300 (La. 12/11/2020) [14 pp.]
From LSCR Volume 28, Issue 12
     Defendant, a 20-year-old Jamaican national, pleaded guilty to two counts of first-degree robbery in response to armed robbery charges. He also plea... view full summary