| PROPERTY
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| 1. | Claims for inverse condemnation by State had prescribed.
01/29/2020) [21 pp.]
From LSCR Volume 28, Issue 2
In 1962 the federal government began constructing structures in and around the Catahoula
Basin under the River and Harbor Act of 1960 to promote navigation on the Ouac... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 2. | Court declines to issue writ of mandamus to First Circuit re allotment of cases and assignment of panels.
Texas Brine Company, LLC v. Rodd Naquin, 2019-OC-01503 c/w 2019-OC-01508 (La. 01/31/2020) [26 pp.]
From LSCR Volume 28, Issue 2
This opinion involved two consolidated cases in which the plaintiffs challenged the system
by which the First Circuit Court of Appeal allots matters and assembles panel... view full summary |
| TAXATION
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| 3. | Online marketplace was not obligated to collect and pay sales tax for purchases made from third-party retailers.
Newell Normand v. Wal-Mart.Com USA, LLC, 2019-C-00263 (La. 01/29/2020) [55 pp.]
From LSCR Volume 28, Issue 2
Wal-Mart.com operates an online marketplace at which website visitors can buy products
from it or third-party retailers. Wal-Mart.com reported its online sales of its p... view full summary |
| CRIMINAL
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| 4. | Court suppresses inculpatory statement despite waiver of rights where defendant's attorney informed police that he did not want defendant questioned and wanted to speak to him.
State v. Donovan Alexander, 2019-KK-00645 (La. 01/29/2020) [24 pp.]
From LSCR Volume 28, Issue 2
Police officers received a tip that defendant was distributing heroin and that he lived in
Jefferson Parish on Vintage Drive in Kenner and stored heroin a... view full summary |
| 5. | Court affirms murder conviction based on circumstantial evidence.
State v. Charles P. Mayeux, Jr., 2019-K-00369 (La. 01/29/2020) [13 pp.]
From LSCR Volume 28, Issue 2
In the early morning hours of March 21, 2015, defendant called 911 to report a fire at his
home in Evergreen. When the fire was extinguished, the charred body of his wi... view full summary |
| 6. | Officers had probable cause to search vehicle based in part on citizen's report.
State v. Leroy Jackson, 2020-KK-00124 (La. 01/31/2020) [3 pp.]
From LSCR Volume 28, Issue 2
A truck driver flagged down an officer and reported a silver-colored vehicle stopped on the
Claiborne Avenue Bridge in New Orleans. The truck driver informed ... view full summary |
| 7. | Recusal of judge was not warranted based on prior ruling.
State v. Chrystal Clues-Alexander, 2019-KK-1907 (La. 02/10/2020) [2 pp.]
From LSCR Volume 28, Issue 2
Defendant pled guilty to manslaughter in the 16th JDC in connection with the 2013 shooting
of her husband. Prior to sentencing, she filed a motion to recuse Judge Comea... view full summary |
| 8. | Court affirms conviction and death penalty in brutal beating death of two-year-old.
State v. Dacarius Holliday, 2017-KA-01921 (La. 01/29/2020) [99 pp.]
From LSCR Volume 28, Issue 2
On May 14, 2007, Amanda Coon brought her four-year-old daughter to daycare before she
went to work. Although she typically also brought her two-year-old son, Darian, sh... view full summary |
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|
| 9. | Court grants interim disqualification of Shreveport City Court judge.
In re: Judge R. Lee Irvin, 2020-O-0178 (La. 01/20/2020) [1 p.]
From LSCR Volume 28, Issue 2
By way of a brief order, the Court granted a motion by the Judiciary Commission for interim
disqualification of Judge R. Lee Irvin of Shreveport City Court, precluding ... view full summary |
| CIVIL PROCEDURE
|
| 10. | Contempt statute authorized award of attorney fees only to prevailing party who proved contempt.
Luv N' Care, Ltd. v. Jackel International Limited, 2019-C-0749 (La. 01/29/2020) [12 pp.]
From LSCR Volume 28, Issue 2 Plaintiff, a Louisiana corporation, sued defendant, a corporation established under the laws
of England and Wales, and related entities... view full summary |
| 11. | Court reverses summary judgment because plaintiffs were not afforded adequate opportunity to depose witness.
Deselle Milton-Gustain v. The Salvage Store, Inc., 2019-C-01854 (La. 02/10/2020) [3 pp.]
From LSCR Volume 28, Issue 2 Plaintiffs sued defendant as a result of a slip-and-fall at defendant's store. Plaintiffs
contended that a store employee was stocking ... view full summary |
| TORTS
|
| 12. | Release precluded mesothelioma survival action by decedent's children three decades later.
Gistarve Joseph, Sr. v. Huntington Ingalls Inc., 2018-CC-02061 (La. 01/29/2020) [24 pp.]
From LSCR Volume 28, Issue 2In 1982 Gistarve Joseph, Sr. filed suit against Avondale Industries seeking damages for
occupational exposure to toxic fibers, asbestos, silica dust, and other dangerous materials during the course a... view full summary |
| 13. | Riverboat casino was not vessel in navigation under maritime law.
Caldwell v. St. Charles Gaming Company, 2019-CC-1238 (La. 01/29/2020) [16 pp.]
From LSCR Volume 28, Issue 2Plaintiff was injured in the course of his employment as a technician on the Grand Palais
riverboat when the gangway malfunctioned and collapsed. He filed suit alleging that at the time of
the accid... view full summary |
| MEDICAL MALPRACTICE
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| 14. | Negligent credentialing and re-credentialing claim was covered by LMMA.
Megan Thomas v. Regional Health System of Acadiana, LLC, 2019-C-00507 c/w 2019-C-00524 (La. 01/29/2020) [23 pp.]
From LSCR Volume 28, Issue 2 Mariah Charles was born prematurely in October 2014 at Lafayette General Medical Center.
She was transferred to Women's and Children's ... view full summary |