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CIVIL PROCEDURE

1.District courts do not have discretion to consider late-filed oppositions to motions for summary judgment.
Ann Marie Auricchio v. Lyneigh J. Harriston, 2020-CC-01167 (La. 12/10/2021) [8 pp.]
From LSCR Volume 29, Issue 12
     In this dispute between neighbors, plaintiffs filed a motion for summary judgment on March 3, 2020. The hearing was set for July 31. On July 20, defendant ... view full summary
2.District court erred in excluding plaintiff's medical records.
Bradley Day v. Elvis Thompson, 2021-CC-01838 (La. 12/17/2021) [3 pp.]
From LSCR Volume 29, Issue 12
     This case arose from a multi-car collision in 2017. Defendants sought to introduce at trial certified medical records of Tracey Day, one of the plaintiffs, be... view full summary
3.In reviewing summary judgment, court of appeal was limited to issues raised by the parties.
Safeway Insurance Company of Louisiana v. Government Employees Insurance Company, 2021-C-01382 (La. 12/21/2021) [3 pp.]
From LSCR Volume 29, Issue 12
     In 2018 Shawn Alford was driving a vehicle owned by Alexis Bradley when the rear driver- side tire and rim detached from the vehicle. The wheel rolled into o... view full summary
TORTS

4.Court reallocates fault and reduces damages resulting from accident on oil production platform.
Luigi Malta v. Herbert S. Hiller Corporation, 2021-C-00209 (La. 12/10/2021) [41 pp.]
From LSCR Volume 29, Issue 12
     Plaintiff was employed by Wood Group Production Services, Inc., which operated a fixed oil production platform and satellite platforms located in the Gulf of Mexico and... view full summary
5.Hotel entitled to summary judgment in slip-and-fall case.
Cindy Planchard v. New Hotel Monteleone, LLC, 2021-CC-00347 (La. 12/10/2021) [7 pp.]
From LSCR Volume 29, Issue 12
     Plaintiff filed suit against a hotel alleging she slipped on a foreign substance on the hotel's marble lobby floor and sustained an injury. Defendant moved for summary ... view full summary
6.State was entitled to summary judgment on claim that courtside basketball seats were unreasonably dangerous.
Helena Shear v. Trail Blazers, Inc., 2021-CC-00873 (La. 12/21/2021) [6 pp.]
From LSCR Volume 29, Issue 12
     In February 2013 plaintiff attended a professional basketball game at the New Orleans Arena. A season ticketholder since 2007, she was seated on the third r... view full summary
MEDICAL MALPRACTICE

7.Plaintiff was not a "patient" under terms of MMA.
Teresa Kelleher v. University Medical Center, 2021-CC-00011 (La. 12/10/2021) [9 pp.]
From LSCR Volume 29, Issue 12
     According to plaintiff's allegations, her treating orthopedic surgeon, Dr. Felipe Ramirez, noted on December 19, 2018, that plaintiff had "positive marrow inf... view full summary
8.Continued treatment doctrine did not suspend prescription.
Cheryl Mitchell v. Baton Rouge Orthopedic Clinic, LLC, 2021-C-00061 (La. 12/10/2021) [24 pp.]
From LSCR Volume 29, Issue 12
     On August 11, 2015, Dr. Robert Easton performed hip replacement surgery on plaintiff, who had dislocated her hip. She dislocated her hip again shortly after ... view full summary
PROPERTY

9.Lifetime usufruct was not extinguished by 10-year prescription of nonuse.
In re Succession of the Estate of Robert Charles Johnson, 2020-C-00815 (La. 12/10/2021) [18 pp.]
From LSCR Volume 29, Issue 12
     Robert Johnson and Beverly Edwin were married for 22 years and had 3 children together.
     During their marriage Johnson executed and recorded an ... view full summary
TAXATION

10.Act amending sales tax statute was unconstitutional because it created new tax without legislative supermajority.
Calcasieu Parish School Board v. Nelson Industrial Steam Company, 2021-OC-00552 (12/10/2021) [18 pp.]
From LSCR Volume 29, Issue 12
     This decision is one in a series issued by the Court involving whether limestone purchases by defendant, the owner and operator of an electrical power generating facili... view full summary
DOMESTIC RELATIONS

11.Avowal action by child's biological father was perempted as untimely.
Karen Cohen Kinnett v. Jarred Brandon Kinnett, 2020-CJ-01134 (La. 12/10/2021) [14 pp.]
From LSCR Volume 29, Issue 12
     Karen and Jarred Kinnett were married in 2009. Two children were born during their marriage, BAK in August 2011 and GJK in August 2015. In 2013 Karen began... view full summary
CRIMINAL

12.Petitioner was entitled to parole revocation hearing.
Bobby Sneed v. Tim Hooper, 2021-KK-01776 (La. 12/07/2021) [5 pp.]
From LSCR Volume 29, Issue 12
     Petitioner was granted parole and scheduled for release from prison on March 29, 2021. On March 25, just four days before his scheduled release, he collapsed ... view full summary
13.District court did not abuse discretion in resentencing defendant to a term greater than suggested by the court of appeal.
State v. Noe Aguliar-Benitez, 2021-K-00174 (La. 12/10/2021) [11 pp.]
From LSCR Volume 29, Issue 12
     A jury found defendant guilty of attempted aggravated rape and sexual battery. The evidence showed that while a guest in the 8-year-old victim's home, defendant sexuall... view full summary
14.Court reverses vehicular homicide conviction for insufficient evidence.
State v. Elizabeth Trahan, 2020-K-01233 (La. 12/10/2021) [8 pp.]
From LSCR Volume 29, Issue 12
     Defendant was charged with vehicular homicide arising from a 2015 accident. Evidence at trial showed that she and her boyfriend were in a Dodge Charger traveling 72 mil... view full summary
CIVIL PROCEDURE

15.District court erred in recusing district attorney.
State v. Vincent Simmons, 2021-OK-01362 (La. 12/21/2021) [3 pp.]
From LSCR Volume 29, Issue 12
     In response to defendant's application for post-conviction relief, the Avoyelles Parish District Attorney indicated he would assert procedural objections, rather than w... view full summary
CRIMINAL

16.District court abused its discretion in setting excessive bail.
State v. Michael Wade Halverson, 2021-KK-01592 (La. 12/21/2021) [5 pp.]
From LSCR Volume 29, Issue 12
     In 2020 defendant was operating a rig truck on the interstate in Bossier Parish and caused a multivehicle collision that resulted in two fatalities. He was arrested a y... view full summary
17.District court lacked jurisdiction to reinstitute conditions of probation after it terminated probation.
State v. Drayton Holley, 2021-KK-01419 (La. 12/21/2021) [2 pp.]
From LSCR Volume 29, Issue 12
     Defendant filed a motion under La. Code Crim. Proc. art. 897 requesting that the district court terminate his probation and its conditions early. At that time, defendan... view full summary