| CIVIL PROCEDURE
|
| 1. | Answer by one defendant did not interrupt abandonment period as to unserved defendant.
Sheila Williams v. Angela Montgomery, 2020-C-01120 (La. 05/13/2021) [16 pp.]
From LSCR Volume 29, Issue 5
Plaintiff alleged she was injured in a fall on May 3, 2013, at a trailer she rented from Angela
Montgomery. Plaintiff filed suit on May 2, 2014, against Montgo... view full summary |
| 2. | Dismissed suit against state defendants did not interrupt prescription on second suit filed before dismissal.
Albert Davis v. State through LA Racing Commission, 2020-CC-01020 (La. 05/13/2021) [12 pp.]
From LSCR Volume 29, Issue 5
In 2017 plaintiff filed suit against the Louisiana State Racing Commission, state veterinarian
Edward Todd, state employee Jocko Fontenot, and other individuals. ... view full summary |
| INSURANCE
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| 3. | Court reverses finding that subcontractor was covered by insurance policy.
Cameron Soule v. Woodward Design + Build LLC, 2021-CC-00322 (La. 05/11/2021) [5 pp.]
From LSCR Volume 29, Issue 5
Woodward Design+Build served as general contractor on a condominium construction
project in New Orleans. As required by the owner, Woodward obtained ... view full summary |
| TORTS
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| 4. | Court outlines roles of courts and finders of fact in defamation claims.
Jacob Johnson v. Daryl Purpera, 2020-CC-01175 (La. 05/13/2021) [35 pp.]
From LSCR Volume 29, Issue 5
The Health Education Authority of Louisiana (HEAL) is a corporate and public body and an
instrumentality of the State. Its primary mission is to promote medic... view full summary |
| 5. | Defendants entitled to summary judgment in auto accident case brought by survivors of decedent who rear-ended stopped tractor-trailer.
Synikia Hester v. Bryant Walker, 2020-CC-01278 (La. 05/13/2021) [9 pp.]
From LSCR Volume 29, Issue 5
The accident at issue occurred when Bryant Walker, an 18-wheeler tractor-trailer driver for
BlueLinx Corporation, was attempting to make a left turn into the driveway o... view full summary |
| PROPERTY
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| 6. | Louisiana Constitution supported award of attorney's fees to property owners in expropriation case.
Bayou Bridge Pipeline, LLC v. 38.00 Acres, 2020-C-01017 (La. 05/13/2021) [17 pp.]
From LSCR Volume 29, Issue 5
In connection with the construction of the pipeline bearing its name, Bayou Bridge Pipeline,
LLC (BBP) sought to acquire servitudes from various property owner... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 7. | Firefighters stated claim for writ of mandamus ordering payment of judgment for back wages.
Arnold Lowther v. Town of Bastrop, 2020-C-01231 (La. 05/13/2021) [10 pp.]
From LSCR Volume 29, Issue 5
In May 2019 the district court rendered a $1.67 million judgment for back wages against the
City of Bastrop and in favor of firefighters who had brought suit... view full summary |
| TAXATION
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| 8. | Tax Commission's application of statute to order assessor to change property valuation was unconstitutional.
Conrad Comeaux v. Louisiana Tax Commission, 2020-CA-01037 (La. 05/20/2021) [43 pp.]
From LSCR Volume 29, Issue 5
Kraig and Kelly Strenge challenged a reappraisal of their residential property at $288,270 by
Lafayette Parish Assessor Conrad Comeaux. The Strenges appealed their 2016... view full summary |
| CRIMINAL
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| 9. | Defendant entitled to resentencing to make manslaughter sentences concurrent instead of consecutive.
State v. Terrence King, 2021-KK-00172 (La. 05/11/2021) [7 pp.]
From LSCR Volume 29, Issue 5
In 1998 defendant, at the age of 15, stole a car and, while fleeing from police in Jefferson
Parish, crashed into another vehicle, killing four of its p... view full summary |
| 10. | Inculpatory statements suppressed because right to remain silent was not honored and statements were induced by false promises.
State v. Byrielle Hebert, 2020-KK-00671 (La. 05/13/2021) [15 pp.]
From LSCR Volume 29, Issue 5
On May 8, 2019, Emanuel Pipkins fled the scene after he sustained gunshot wounds in a
shootout during a botched robbery in New Orleans. Another person wa... view full summary |
| 11. | Sex offender not relieved of duty to register and provide notice despite art. 893 dismissal.
Mark Davidson v. State, 2020-C-00976 (La. 05/13/2021) [12 pp.]
From LSCR Volume 29, Issue 5
In 2005 Mark Davidson pleaded guilty to two counts of video voyeurism under La. R.S. Section
14:283, and the district court sentenced him to two concurren... view full summary |
| 12. | Court reinstates parish councilmember's conviction for false representation of domicile on qualifying form.
State v. James Bourgeois, 2020-K-00883 (La. 05/13/2021) [13 pp.]
From LSCR Volume 29, Issue 5
In December 2015 defendant filed a qualifying form in the Lafourche Parish Council election
stating he was domiciled in Lafourche Parish. He was elected in April 2016. ... view full summary |
| 13. | Evidence was insufficient to support drug convictions based on constructive possession.
State v. Walter Perell Fisher, Jr., 2019-K-01899 (La. 05/13/2021) [9 pp.]
From LSCR Volume 29, Issue 5
Defendant was taking a bath in the Slidell residence of his girlfriend, Samantha Irwin, when
St. Tammany Parish Narcotics Task Force officers and a parole off... view full summary |
| 14. | Defendant entitled to new trial after relevant evidence of tattoos was excluded.
State v. Michael Young, 2020-K-01041 (La. 05/13/2021) [11 pp.]
From LSCR Volume 29, Issue 5
In June 2016 B.J.'s Country Stop #3 in Houma was burglarized. The store was closed, and a
surveillance camera recorded the burglary. The burglar entered by breaking the... view full summary |