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Showing results for LSCR volume 29 LSCR issue 5
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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

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

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

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

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

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

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