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CIVIL PROCEDURE

1.Code of Civil Procedure art. 425 works in tandem with the res judicata statutes.
Carlo Carollo, Jr. v. State of Louisiana, Department of Transportation and Development, 2021-C-01670 (La. 09/09/2022) [33 pp.]
From LSCR Volume 30, Issue 9
     In 2017 Dr. Carlo Carollo, Sr., and his wife, Angelina Carollo, died of injuries sustained when their vehicle was struck by an 18-wheeler at the intersection of Louisia... view full summary
2.Court remands grant of attorney's fees in oilfield remediation case.
The Sweet Lake Land and Oil Company, LLC v. Oleum Operating Company, L.C., 2022-C-00497 (La.f09/20/2022) [2 pp.]
From LSCR Volume 30, Issue 9
     Plaintiff filed this oilfield legacy suit in 2010, seeking remediation of its property by operators under decades-old oil, gas, and mineral leases, and see... view full summary
3.Court vacates court of appeal decision rendered after defendant's death.
Sanctuary Capital, LLC v. Richard D. Cloud, 2022-C-00751 (La. 09/20/2022) [2 pp.]
From LSCR Volume 30, Issue 9
     Plaintiffs were minority members of North Louisiana Bidco, LLC. In 2014 they sued Richard Cloud and James Garner, as managers of the LLC, for access to cert... view full summary
4.Untimely motion to recuse need not be set for hearing.
Cera Vitaliano v. Christopher Blackstock, 2022-CJ-01397 (La. 09/22/2022) [2 pp.]
From LSCR Volume 30, Issue 9
     In this case, one of the parties filed a motion to recuse the presiding judge. The district court concluded the motion was not timely filed but ordered a recusal hearin... view full summary
5.District court ordered to act on petition.
State v. Jason Kauzlarich, 2022-KD-00816 (La. 09/27/2022) [ 2 pp.]
From LSCR Volume 30, Issue 9
     Defendant represented to the Court that the 19th Judicial District Court had failed to act timely on his petition for injunctive relief and declaratory ju... view full summary
6.District court required on second remand to make specific findings as to production of claim file.
Todd Fanguy v. UV Insurance Risk Retention Group, Inc., 2022-CC-1290 (La. 09/27/2022) [2 pp.]
From LSCR Volume 30, Issue 9
     Plaintiffs sought the production of documents in defendant's claim file, to which defendant objected. In November 2021, the Court granted a supervisory writ i... view full summary
SUCCESSIONS

7.Forced heirs not entitled to maintenance during administration of succession.
Succession of Raymond John Brandt, 2021-CC-01521 (La. 09/09/2022) [33 pp.]
From LSCR Volume 30, Issue 9
     Raymond Brandt died on November 14, 2019, survived by his wife, Jessica. Brandt did not have biological children of his own, but he and Jessica had adopted ... view full summary
DOMESTIC RELATIONS

8.Court remands to court of appeal for second time to consider constitutionality of Civil Code article.
Karen Cohen Kinnett v. Jarred Brandon Kinnett, 2022-CJ-01199 c/w 2022-CJ-1246 (La. 09/20/2022) [2 pp.]
From LSCR Volume 30, Issue 9
     This divorce proceeding between Karen and Jarred Kinnett involved a custody dispute regarding GJK, a child born during their marriage but proven by genet... view full summary
CRIMINAL

9.Court reinstates district court decision denying motion to use "reverse 404(b)" evidence.
State v. Henderson Wesley, 2022-KK-01312 (La. 08/27/2022) [2 pp.]
From LSCR Volume 30, Issue 9
     Louisiana Code of Evidence art. 404(B) allows evidence of a witness's other crimes and bad acts when the evidence is offered for such purposes as proving opportunity, i... view full summary
10.State could not retry defendant on principal charge once jury had found him guilty of lesser included offense.
State v. Michael Hawk, 2021-KK-01901 (La. 09/07/2022) [2 pp.]
From LSCR Volume 30, Issue 9
     Defendant was charged with first-degree rape under La. R.S. Section 14:43.2(A)(4) (victim under the age of thirteen years). By a vote of ten-to-two, a jury found him gu... view full summary