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Showing results for LSCR volume 30 LSCR issue 10
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BAR/DISCIPLINARY/ETHICS

1.Court reverses contempt conviction of LDH lawyer.
In re: Judicial Commitment of M.M. (Edward Brossette Contempt Proceeding), 2022-C-01014 (10/18/2022) [2 pp.]
From LSCR Volume 30, Issue 10
     MM was a 57-year-old woman from the Lafayette area with a dual diagnosis of schizoaffective disorder (a mental illness) and intellectual disability (a develop... view full summary
BAR / DISCIPLINARY / ETHICS

2.Family court judge suspended for abuse of contempt power.
In re: Judge Charlene Charlet Day, 2022-O-00886 (La. 10/21/2022) [14 pp.]
From LSCR Volume 30, Issue 10
     East Baton Rouge Parish Family Court Judge Charlene Charlet Day presided over a claim for grandparent visitation rights by Herbert and Tina Anny. The parties to the ... view full summary
CIVIL PROCEDURE

3.Citizen suit to enforce conservation laws is imprescriptible.
State ex rel Justin Dale Tureau v. BEPCO, L.P., 2021-C-00856 (La. 10/21/2022) [37 pp.]
From LSCR Volume 30, Issue 10
     Under La. R.S. Section 30:14, the Louisiana Commissioner of Conservation has a duty to restrain any person who "is violating or is threatening to violate" con... view full summary
4.Claim for penalties under PPO Act governed by 10-year prescriptive period.
Mark Wightman v. Ameritas Life Insurance Corp., 2022-CQ-00364 (La. 10/21/2022) [17 pp.]
From LSCR Volume 30, Issue 10
     Plaintiffs are dental providers who entered into a preferred provider organization (PPO) contract with DenteMax, LLC, in 2009. Plaintiffs agreed to discount ... view full summary
5.Defendant may appeal summary judgment dismissing co-defendant even if plaintiff does not appeal.
Stephen Amedee v. Aimbridge Hospitality, LLC, 2021-OC-01906 (La. 10/21/2022) [24 pp.]
From LSCR Volume 30, Issue 10
     Plaintiff filed suit against several defendants for personal injuries sustained when he tripped and fell on the driveway entrance to the Embassy Suites Hotel in New Orl... view full summary
TORTS

6.Stipulated damages should have been reduced by plaintiff's fault.
Kayla Landry v. State Farm Automobile Insurance Co., 2022-C-00929 (La. 10/04/2022) [2 pp.]
From LSCR Volume 30, Issue 10
     This suit arose from a car accident in Jennings, Louisiana. Plaintiff's car was struck by a truck driven by Grant Racca. Plaintiff had just proceeded through a yello... view full summary
7.Court remands for full briefing as to whether prescribed claims for abuse of minor were revived by legislative amendment.
Sam Doe v. The Society of the Roman Catholic Church of the Diocese of Lafayette, 2022-CC-00829 (La. 10/04/2022) [2 pp.]
From LSCR Volume 30, Issue 10
     Plaintiff filed suit in 2020 alleging he had been sexually abused as a child by a priest in the 1960s. Defendant filed an exception of prescription, which the district... view full summary
8.Court increases general damages award to child whose face was bitten by dog.
Ashlyn Franks v. Joshua Sikes, 2022-C-00178 (La. 10/21/2022) [7 pp.]
From LSCR Volume 30, Issue 10
     Ashlyn Franks visited Joshua Sikes at his grandfather's property in Tensas Parish. Franks was accompanied by her two-year-old daughter, Addison. Sikes's dog ... view full summary
9.Court sets forth framework for imposing restrictions on scope of additional medical exam.
Jacob Augustine v. Safeco Insurance Company of Oregon, 2021-CC-01753 (La. 10/21/2022) [9 pp.]
From LSCR Volume 30, Issue 10
     Plaintiffs sued defendants as a result of an automobile accident. They alleged physical and mental injuries, including memory loss, anxiety, traumatic brain injury, sle... view full summary
SUCCESSIONS

10.New peremptive period for filiation claim in succession proceeding applied retroactively to filiation claim that was extinguished under prior law.
Succession of Rosalie Handy Lewis and John Charles Lewis, 2022-CC-00079 (La. 10/21/2022) [28 pp.]
From LSCR Volume 30, Issue 10
     In August 2020 Rosalie Handy Lewis and John Charles Lewis died from carbon monoxide poisoning in the aftermath of Hurricane Laura. They were married, and five children wer... view full summary
CRIMINAL

11.Ramos jury unanimity rule does not apply retroactively to cases on state collateral review.
State v. Reginald Reddick, 2021-KP-01893 (La. 10/21/2022) [40 pp.]
From LSCR Volume 30, Issue 10
     In 1993 a jury convicted defendant of second-degree murder by a vote of 10 to 2. He was sentenced to life in prison, without the possibility of parole, and his convicti... view full summary
12.Defendant not entitled to parole eligibility under Section 15:574.4(J).
State v. Jason Michael Pilcher, 2021-KP-01226 (La. 10/21/2022) [9 pp.]
From LSCR Volume 30, Issue 10
     In 1993, when defendant was fifteen years old, he shot and killed Phyllis Allbritton and her eleven-year-old son, Justin, in their home in Natchitoches Parish. He was f... view full summary