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Showing results for LSCR volume 28 LSCR issue 5
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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