Archive of LSCR Articles
Showing results for LSCR volume 28 LSCR issue 5 | Jump to a direct Volume/Issue
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| BAR / DISCIPLINARY / ETHICS
| | 1. | Motion to recuse judge was properly denied as untimely.
Margaret Patricia Landry Langlinais v. Union Oil Company of California, 2020-C-0229 (La. 05/14/2020) [3 pp.]
From LSCR Volume 28, Issue 5
In 2016 the Committee to Elect Judge Marilyn Castle published a campaign advertisement
mentioning the name of plaintiffs' counsel. In April 2018 plaintiffs' counsel fil... view full summary | | CONTRACTS
| | 2. | Engineering firm was entitled to dismissal of third-party demand.
Couvillion Group, LLC v. Plaquemines Parish Government, 2020-C-0074 (La. 04/27/2020) [5 pp.]
From LSCR Volume 28, Issue 5
Plaquemines Parish contracted with plaintiff, a general contractor, for a public works project
at Port Eads. The Parish executed a separate contract with Professional E... view full summary | | TORTS
| | 3. | Plaintiff's claims arising from sexual relationship with dentist were not prescribed.
Aleisha Gaston v. Willie Earl Harkless, 2020-C-0187 (La. 05/07/2020) [3 pp.]
From LSCR Volume 28, Issue 5
Plaintiff named as defendants Willie Earl Harkless and Willie Earl Harkless, DDS, d/b/a
Smiles Family Dentistry, LLC. She alleged that Dr. Harkless ... view full summary | | CIVIL PROCEDURE
| | 4. | Defendant was entitled to intervene on appeal despite his earlier dismissal by the district court.
Jeff Landry v. Sara Duplechain, 2019-C-1909 (La. 04/27/2020) [2 pp.]
From LSCR Volume 28, Issue 5
On January 8, 2018, the Vermilion Parish School Board held a meeting to discuss and renew
the contract of superintendent Jerome Puyau. Based on a citizen's complaint, L... view full summary | | 5. | Court dismisses defendant for lack of personal jurisdiction.
Isabella R. Chevalier v. Joseph L. Charles, 2020-CC-0223 (La. 04/27/2020) [3 pp.]
From LSCR Volume 28, Issue 5
Plaintiffs filed suit in the 16th JDC, Parish of St. Martin, and included as a defendant
Bayerische Motoren Werke AG, which filed a declinatory exception... view full summary | | INSURANCE
| | 6. | Insurance commissioner was not bound by arbitration provision in insolvent insurer's contract.
James J. Donelon v. Terry S. Shilling, 2019-C-00514 (La. 04/27/2020) [14 pp.]
From LSCR Volume 28, Issue 5
The Louisiana Health Cooperative, Inc. (LAHC) was created in 2011 under the Patient
Protection and Affordable Care Act, 42 U.S.C. Section 18001, et seq. LAH... view full summary | | EVIDENCE
| | 7. | Court remands for specific findings regarding excluding expert witness's testimony.
Emily Everett v. Air Products and Chemicals, Inc., 2019-CC-1975 (La. 05/26/2020) [4 pp.]
From LSCR Volume 28, Issue 5
In this suit related to asbestos exposure, the district court granted defendants' motion to
exclude plaintiffs' expert's opinion on causation and to preclu... view full summary | | 8. | Wife was not entitled to rely on spousal privilege in grand jury proceedings targeting husband for alleged sexual abuse of a child.
In re: Grand Jury Subpoena, 2019-KK-00962 (La. 05/28/2020) [13 pp.]
From LSCR Volume 28, Issue 5
In January 2018 David Opperman was charged by bill of information with one count of
molestation of a juvenile arising from a 2003 incident in which he all... view full summary | | CRIMINAL
| | 9. | Given unusual circumstances, Court reverses judgment dismissing habeas claim as time barred.
State v. Justin Davis, 2019-KK-01962 (La. 04/27/2020) [5 pp.]
From LSCR Volume 28, Issue 5
Defendant was convicted of second degree murder and sentenced to life in prison. The First
Circuit affirmed. Defendant hired post-conviction counsel to pursue h... view full summary | | 10. | Decision of federal Fifth Circuit did not provide basis for post-conviction relief beyond two-year deadline.
State v. Terrance James, 20-KP-0068 (La. 04/27/20) [2 pp.]
From LSCR Volume 28, Issue 5
Defendant pleaded guilty to possession of cocaine and to public intimidation, a violation of
La. R.S. Section 14:122. According to defendant, he threatened to have offi... view full summary | | 11. | Court uses its inherent authority to reinstate appeal filed out-of-time.
State v. Tory Clark, 2019-KP-1077 (La. 05/01/2020) [3 pp.]
From LSCR Volume 28, Issue 5
Defendant was convicted of second-degree murder and sentenced to life imprisonment with
eligibility for parole after 35 years. Defendant appealed, and the Fif... view full summary | | CIVIL PROCEDURE
| | 12. | Defendant was entitled to suppress the fruits of warrantless search of his house.
State v. Kari Shisler, 2020-KK-00146 (La. 05/01/2020) [11 pp.]
From LSCR Volume 28, Issue 5
Gretna Police Department Detective Brad Cheramie, also a member of the multi-
jurisdictional Major Crimes Task Force, received information from an in... view full summary |
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