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Showing results for LSCR volume 30 LSCR issue 6
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CIVIL PROCEDURE

1.Court reverses res judicata dismissal that was based on arbitration award.
Velandera Petrophysical Consulting, LLC v. Velandera Energy Partners, LLC, 2022-C-00171 (La. 05/24/2022) [2 pp.]
From LSCR Volume 30, Issue 6
     Velandera Petrophysical Consulting, LLC (Velandera Consulting) was in the business of researching, sourcing, and negotiating oil and gas interests for other comp... view full summary
2.Family court should conduct in camera inspection of financial records requested from third party.
Selby Kean Thompson v. Robert Mason Thompson, III, 2022-CC-00620 (La. 05/24/2022) [3 pp.]
From LSCR Volume 30, Issue 6
     In this domestic case, plaintiff directed a subpoena duces tecum and subpoena for deposition to TB Services, LLC. She alleged defendant had an interest in TB... view full summary
3.Plaintiff allowed to amend petition to state bad faith claim against insurer.
Faith A. Boudoin v. Safeco Insurance Company of Oregon, 2022-CC-00402 (La. 06/01/22) [4 pp.]
From LSCR Volume 30, Issue 6
     Plaintiff moved for leave to amend her petition to add a bad faith claim against an alleged uninsured/underinsured motorist insurer. The district court denied th... view full summary
4.Plaintiff entitled to cross-examine witness although she called him under art. 611 in her case-in-chief.
Julie Runkle v. Louisiana Urology, LLC, 2022-CC-00514 (La. 06/01/22) [6 pp.]
From LSCR Volume 30, Issue 6
     Louisiana Code of Evid. art. 611(C) provides in part that leading questions should not be used on direct examination, except as necessary to develop testimony and... view full summary
5.Court remands denial of AME for reconsideration in light of recent decision.
Kathy Culberath v. State of Louisiana, 2022-CC-00582 (La. 06/08/2022) [2 pp.]
From LSCR Volume 30, Issue 6
     Defendant moved to compel an additional medical examination (AME) of plaintiff under La. Code Civ. Proc. art 1464, and the district court denied the motion. T... view full summary
TORTS

6.On reconsideration, Court affirms original decision regarding environmental damages and prescription on strict liability claim.
State v. Louisiana Land & Exploration Co., 2020-C-00685 (La. 06/01/2022) [37 pp.]
From LSCR Volume 30, Issue 6
     This suit was brought by the Vermillion Parish School Board (VPSB) individually and on behalf of the State of Louisiana. VPSB controlled certain p... view full summary
JUVENILE

7.Juvenile entitled to be released for failure to hold timely hearing.
State in the Interest of SA, 2022-CK-00922 (La. 06/14/2022) [2 pp.]
From LSCR Volume 30, Issue 6
     Under Louisiana Children's Code arts. 737(A)(4) and 739(B), when a child is taken into custody and placed at a secure detention facility, a hearing must be... view full summary
8.Custody/adoption dispute remanded to district court to hold hearing re transfer of custody to biological mother.
Olivia Lyn Bean v. Emily Pounds, 2022-CJ-00936 (La. 06/23/2022) [5 pp.]
From LSCR Volume 30, Issue 6
     On April 30, 2020, AGB was born to Olivia Lyn Bean and Treshawn Daraie Davis. Four days later, they signed acts of surrender for the adoption of AGB by Emil... view full summary
CRIMINAL

9.State failed to prove Miranda warnings were sufficient.
State v. Marlon Coleman, 2022-KK-00382 (La. 06/08/2022) [4 pp.]
From LSCR Volume 30, Issue 6
     Defendant argued that the Miranda warnings he received when he was arrested were defective, and he moved to suppress incriminating statements that he made t... view full summary