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Showing results for LSCR volume 29 LSCR issue 6
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BAR / DISCIPLINARY / ETHICS

1.Court publicly censures Justice Hughes for violating Code of Judicial Conduct.
In re: Justice Jefferson D. Hughes, III, 2021-O-00771 (La. 06/30/2021) [9 pp.]
From LSCR Volume 29, Issue 6
     The Court accepted a joint petition for consent discipline filed by Justice Jefferson D. Hughes, III, and the Judiciary Commission of Louisiana. The consent discipline ... view full summary
CONTRACTS

2.Court reverses summary judgment dismissal of claims arising from contract with unlicensed contractor.
Ioannis Maroulis v. Entergy Louisiana, LLC, 2021-CC-00384 (La. 06/08/2021) [3 pp.]
From LSCR Volume 29, Issue 6
     This case arose from a work-related accident during the renovation of the Hampton Inn in Metairie. Hotel Investors hired Sigur Construction and Castleman, Donlea, and A... view full summary
3.Court reverses summary judgment dismissal of oil and gas contract claim.
Macro Companies, Inc. v. Dearybury Oil & Gas, 2021-C-00483 (La. 06/29/2021) [4 pp.]
From LSCR Volume 29, Issue 6
     Plaintiff filed suit against Dearybury Oil & Gas, Florida Marine Transporters, and Kenneth Pullen. Plaintiff alleged that defendants owed it a $250,000 comm... view full summary
CIVIL PROCEDURE

4.Suit by Iberville Parish against East Baton Rouge Parish should proceed in Iberville Parish.
Iberville Parish v. City of Baton Rouge, 2021-CC-00694 (La. 06/08/2021) [2 pp.]
From LSCR Volume 29, Issue 6
     Iberville Parish filed suit against the City of Baton Rouge/Parish of East Baton Rouge alleging that Baton Rouge had created flooding issues in Iberville Parish. Baton ... view full summary
5.Court reinstates district court's grant of motions to quash depositions and for protective order.
Gustave J. Labarre, Jr. v. Occidental Chemical Company, 2021-CC-00760 (La. 06/10/2021) [2 pp.]
From LSCR Volume 29, Issue 6
     National Union Fire Insurance Company of Pittsburgh, PA and AIG Specialty Insurance Company issued deposition subpoenas to PriceWaterHouseCoopers Advisory Se... view full summary
MEDICAL MALPRACTICE

6.Case remanded to court of appeal for consideration of intervening decision regarding effect of paying PCF filing fees for some but not all qualified providers.
In re: Medical Review Panel Proceeding for Claim of Rhonda Ferguson v. Dr. James Howell, 2019-C-02033 (La. 06/22/2021) [2 pp.]
From LSCR Volume 29, Issue 6
     This case arose from a hernia repair and two subsequent surgeries that Rhonda Ferguson underwent at Willis-Knighton Bossier Health Center in November 2016. The... view full summary
PROPERTY

7.Issue of fact precluded summary judgment in tax sale dispute.
Crescent City Property Redevelopment Association, LLC v. Carmen Muniz, 2020-CA-0421 (La. 06/01/2021) [4 pp.]
From LSCR Volume 29, Issue 6
     In 2002 plaintiff purchased the property at 3028-30 Bienville Street in New Orleans at a tax sale for unpaid ad valorem taxes for the years 1997-2001. In 200... view full summary
STATE AND LOCAL GOVERNMENT

8.Court reinstates Civil Service Commission's decision upholding NOPD's demotion of former lieutenant based on harassing workplace conduct.
Jimmie Turner v. New Orleans Police Department, 2021-C-00476 (La. 06/29/2021) [3 pp.]
From LSCR Volume 29, Issue 6
     Jimmie Turner was employed by the New Orleans Police Department (NOPD) as a police lieutenant with permanent status. In January 2017 Sergeant Peter... view full summary
DOMESTIC RELATIONS

9.Court nullifies ex parte temporary order of child custody.
Amanda Frances Anderson v. Mehgan Ciara Kutsyk, 2021-CC-00857 (La. 06/23/2021) [2 pp.]
From LSCR Volume 29, Issue 6
     The district court granted a temporary order of child custody in April 2021. The relator filed a "motion to deem ex parte temporary order null and void" for failure to ... view full summary
CRIMINAL

10.Defendant entitled to suppress fruits of warrantless search of his bedroom.
State v. Herman Raney, 2021-KK-00349 (La. 05/25/2021) [4 pp.]
From LSCR Volume 29, Issue 6
     Orlantez Brown told Detective Edwards with the East Baton Rouge Parish Police Department that there would be evidence of Brown's involvement in the burglary ... view full summary
11.State must notify defense counsel of order in which cases will be called for trial.
State v. Bryant Scott Tanner, 2021-KK-00698 (La. 05/23/2021) [2 pp.]
From LSCR Volume 29, Issue 6
     In this case from the 22nd Judicial District Court, Parish of St. Tammany, the Court granted a supervisory writ and issued a brief per curiam ordering the State to e... view full summary
12.District court erred in granting motion to withdraw sex offender's guilty plea.
State v. James Toomey, 2021-KP-0420 (La. 06/01/2021) [2 pp.]
From LSCR Volume 29, Issue 6
     Defendant pled guilty to a sex offense that required him to comply with the Louisiana sex- offender registration requirements. He later moved to withdraw his g... view full summary
13.Court orders district court to provide copies of jury polling slips to defendant with names redacted.
State v. Steven Jermaine Charles, 2021-KK-00466 (La. 06/01/2021) [2 pp.]
From LSCR Volume 29, Issue 6
     In this one-paragraph per curiam, the Court granted a supervisory writ in part and ordered the district court to "review the sealed jury polling slips and provide copie... view full summary
14.State abused its authority to dismiss and reinstitute charges.
State v. Calvin M. Williams, Jr., 2021-K-00205 (La. 06/08/2021) [8 pp.]
From LSCR Volume 29, Issue 6
     Immediately prior to the start of trial, the district court granted defendant's motion to exclude a cellphone video that the State failed to authe... view full summary
15.Court orders jury instruction on insanity in first-degree murder re-trial.
State v. Anthony Dearmas, 2021-KK-00884 (La. 06/24/2021) [2 pp.]
From LSCR Volume 29, Issue 6
     Defendant was convicted in 2019 of the first-degree murder of his six-week-old son and sentenced to life in prison. The verdict was not unanimous, with 11 ... view full summary