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Showing results for LSCR volume 30 LSCR issue 3
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BAR / DISCIPLINARY / ETHICS

1.Lawyer sanctioned for improperly billing time and expenses.
In re: Joseph B. Morton, III, 2022-B-00029 (La. 03/15/2022) [11 pp.]
From LSCR Volume 30, Issue 3
     Respondent was formerly a partner of the Forman Watkins firm in New Orleans, where his primary responsibility was the defense of Ingersoll Rand and its subsid... view full summary
2.Judge suspended without pay for extensive ex parte communications.
In re: Judge Jerry L. Denton, Jr., 2021-O-01801 (La. 03/25/2022) [37 pp.]
From LSCR Volume 30, Issue 3
     Respondent is a judge of the City Court of Denham Springs. The matter came before the Court from a recommendation of the Judiciary Commission under La. Const. art. V, S... view full summary
CONTRACTS

3.Common law doctrine of voluntary payment has no place in Louisiana law.
Leisure Recreation & Entertainment, Inc. v. First Guaranty Bank, 2021-C-00838 (La. 03/25/2022) [26 pp.]
From LSCR Volume 30, Issue 3
     The underlying dispute centers on a Borrowing Agreement dated December 31, 1991, by which First Guaranty Bank agreed to extend a revolving line of credit in the amo... view full summary
CIVIL PROCEDURE

4.Writ application had no effect on delays to file suspensive appeal.
Gregory Swafford Family Trust v. Graystar Mortgage, 2022-O C-00059 (La. 03/15/2022) [2 pp.]
From LSCR Volume 30, Issue 3
     After unsuccessfully filing a petition to annul the sale of property at a sheriff's sale, plaintiff filed a petition for injunctive relief against the foreclosing mortg... view full summary
5.New trial ordered because district court erred in denying motion for AME.
Ronald Hicks v. USAA General Indemnity Company, 2021-C-00840 (La. 03/25/22) [17 pp.]
From LSCR Volume 30, Issue 3
     Plaintiff was a passenger in a heavy-duty flatbed truck when it was rear-ended by a vehicle driven by Robert Harger. Harger was traveling at about 60-65 miles per hour ... view full summary
TORTS

6.Storeowner's duty to patrons did not include protecting against vehicle crashing into building.
Rhonda Lacour v. Phillis M. Sino, 2021-CC-00953 (La. 03/15/2022) [6 pp.]
From LSCR Volume 30, Issue 3
     Phillis Sino was attempting to park in front of Aaron's Donuts shop, located in a strip mall in Chalmette. She mistakenly pressed the accelerator instead of the brake, ... view full summary
7.Apartment owner entitled to summary judgment dismissing claim by plaintiff who delivered baby prematurely after fall at apartment.
Shantell Jenkins v. Arbors on the Lake Apartments, 2021-CC-01662 (La. 03/22/2022) [7 pp.]
From LSCR Volume 30, Issue 3
     While conducting a final inspection of an apartment she had occupied in New Orleans, plaintiff tripped and fell over parts of a door lock that had been lef... view full summary
8.Court answers questions certified by federal appeals court in claim by police officer injured in Black Lives Matter protest.
Officer John Doe v. DeRay McKesson, 2021-CQ-00929 (La. 03/25/22) [38 pp.]
From LSCR Volume 30, Issue 3
     Plaintiff alleged he was a police officer responding to a protest in Baton Rouge on July 9, 2016, when one of the protestors threw a block of concrete or other r... view full summary
MEDICAL MALPRACTICE

9.Court orders redaction of medical review panel opinion.
Charles Kelley v. State of Louisiana, 2022-CC-00057 (La. 03/15/2022) [2 pp.]
From LSCR Volume 30, Issue 3
     The Second Circuit excluded in its entirety the opinion of the medical review panel here, on the basis that the panel had exceeded its statutory authority. The court of... view full summary
10.Prescription not suspended when claimant sent filing fee to PCF instead of DOA.
Brianne Waters v. Dr. Jonathan Lam, 2022-CC-00098 (La. 03/22/2022) [4 pp.]
From LSCR Volume 30, Issue 3
     On September 28, 2020, plaintiff filed a request for review with the Division of Administration (DOA) based on medical malpractice that allegedly o... view full summary
ADMINISTRATIVE

11.Administrative rule of Louisiana Cemetery Board was unconstitutional.
Westlawn Cemeteries v. The Louisiana Cemetery Board, 2021-CA-01414 (La. 03/25/2022) [23 pp.]
From LSCR Volume 30, Issue 3
     Plaintiff owns and operates a perpetual or endowed care cemetery in Gretna. This type of cemetery has existed since 1908 and is defined as "a cemetery wherein lots and ... view full summary
WORKERS' COMPENSATION

12.Court affirms employer/law firm's entitlement to damages for LWCC's failure to defend but reduces damage award.
Cox, Cox, Filo, Camel & Wilson, LLC v. Louisiana Workers' Compensation Corporation, 2021-C-00566 (La. 03/25/2022) [22 pp.]
From LSCR Volume 30, Issue 3
     Plaintiff is a law firm based in Lake Charles. In October 2018 its office manager of almost 50 years filed a claim for supplemental earnings benefits and proof of los... view full summary
STATE AND LOCAL GOVERNMENT

13.Jefferson Parish ordinance regarding overtaking school buses was unconstitutional.
William Mellor v. The Parish of Jefferson, 2021-CA-0858 (La. 03/25/2022) [17 pp.]
From LSCR Volume 30, Issue 3
     In 2008 the Jefferson Parish Council adopted ordinance Section 36-320, et seq., titled "School Bus Safety Enforcement Program for Detecting Violations of Overtaking and... view full summary
SUCCESSIONS

14.Court upheld testamentary trust provision that was conditioned on beneficiary not having descendants or a spouse.
Succession of Dean Allen Bradley, 2021-C-01159 (La. 03/25/2022) [11 pp.]
From LSCR Volume 30, Issue 3
     In April 2002 Donald Bradley Sr. executed a will by which he established two separate trusts, with equal shares of his remaining estate left for the principal benefit o... view full summary
DOMESTIC RELATIONS

15.Initial child support claim cannot be brought after father's death.
Dejaun Kendrick v. Estate of Anthony Michael Barre, 2021-C-00993 (La. 03/25/2022) [12 pp.]
From LSCR Volume 30, Issue 3
     Plaintiff alleged Anthony Michael Barre was the father of her son, born one month after Anthony was shot and killed in 2010. She alleged Anthony knew of t... view full summary
CRIMINAL

16.District court erred in severing trial to wait for defense counsel's reinstatement to the practice of law.
State v. Corey Major, 2022-KD-00387 (La. 03/09/2022) [4 pp.]
From LSCR Volume 30, Issue 3
     Defendant and two co-defendants were scheduled to be tried together. The week before trial, defendant filed a motion to sever and continue his trial until his preferred co... view full summary
17.Defendant entitled to subpoena witnesses and materials in support of motion to change venue.
State v. Robert McCoy, 2022-KK-00381 (La. 03/17/2022) [2 pp.]
From LSCR Volume 30, Issue 3
     Defendant moved for change of venue and sought to subpoena witnesses and materials to support his motion. The district court quashed the subpoenas. The Court granted a ... view full summary