| BAR / DISCIPLINARY / ETHICS
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| 1. | 14th JDC judge publicly censured for conduct in handling criminal case.
In re: Judge G. Michael Canaday, 2023-O-00735 (La. 10/20/2023) [9 pp.]
From LSCR Volume 31, Issue 10
14th Judicial District Court Judge G. Michael Canaday presided over multiple hearings in the
high-profile, second-degree murder case of State v. Bartie, 14th JDC Case N... view full summary |
| CIVIL PROCEDURE
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| 2. | District court erred in excluding expert testimony without proper analysis.
Jordan Bryant v. State of Louisiana, 2023-CC-00731 (La. 10/10/2023) [4 pp.]
From LSCR Volume 31, Issue 10
Plaintiff brought this suit against several defendants alleging excessive force was used
against him while he was a resident of Pinecrest Supports and Servic... view full summary |
| 3. | Environmental remediation defendant not responsible for fees and costs incurred by plaintiff in pursuing other defendants.
Hero Lands Company, LLC v. Chevron, U.S.A., Inc., 2023-C-01050 (La. 10/10/2023) [2 pp.]
From LSCR Volume 31, Issue 10
Plaintiff sued Chevron and other defendants under La. R.S. 30:29, which provides for
remediation of oilfield sites and exploration and production ... view full summary |
| TORTS
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| 4. | Court creates new framework for reviewing general damage awards for excessiveness.
Henry Pete v. Boland Marine & Manufacturing Co., LLC, 2023-C-00170 (La. 10/20/2023) [24 pp.]
From LSCR Volume 31, Issue 10
Plaintiff filed this suit in 2020 after being diagnosed with malignant mesothelioma. He had
worked as a longshoreman at the Port of New Orleans from 1964-1968, after fi... view full summary |
| 5. | Court affirms merchant's liability but reverses reduction of plaintiff's fault.
Oris Latour v. Steamboats, LLC, 2023-C-00027 (La. 10/20/2023) [19 pp.]
From LSCR Volume 31, Issue 10
Plaintiff was injured when he tripped and fell on a concrete ledge at Steamboat Bill's
restaurant in Lake Charles. The ledge of concrete was positione... view full summary |
| WORKERS' COMPENSATION
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| 6. | Gross negligence standard of care for public health emergencies should not be considered by medical review panel.
Monica Sebble v. St. Luke's #2, 2023-C-00483 (La. 10/20/2023) [36 pp.]
From LSCR Volume 31, Issue 10
Plaintiff, as executrix of the estate of Vivian Lee Brown, instituted a medical review panel
proceeding under the Louisiana Medical Malpractice Act (LMMA), La. ... view full summary |
| 7. | Court affirms reversal of bench trial judgment for doctor.
Patricia Goff v. Dr. Robin Yue, 2023-C-00121 (La. 10/20/2023) [5 pp.]
From LSCR Volume 31, Issue 10
On August 2, 2013, plaintiff went to the ER at Beauregard Memorial Hospital with complaints
of chest pain and tightness. She had a significant medical history of prior ... view full summary |
| 8. | Court recalls writ in case involving injury to illegally employed child.
Jose Flores Moran v. Amtrust North America, 2023-C-00410 (La. 10/20/2023) [7 pp.]
From LSCR Volume 31, Issue 10
In 2018 claimant was 14 years old when he sustained injuries in the scope of his employment
at Jacques-Imo's Caf in New Orleans. He was carrying hot cooking oil dow... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 9. | Court of appeal lacked appellate jurisdiction over civil service matter.
Monroe Municipal Fire and Police Service Board v. Reginald Brown, 2023-CC-00907 (La. 10/17/2023) [2 pp.]
From LSCR Volume 31, Issue 10
Reginald Brown, former Monroe chief of police, contested the Monroe Police Department's
termination of his employment before the Monroe Municipal Fire and Police Ci... view full summary |
| 10. | Court reinstates district court judgment finding agency not arbitrary and capricious in awarding contract for Convention Center improvements.
The Lemoine Company, LLC v. The Ernest N. Morial Exhibition Hall Authority, 2023-C-00763 c/w 2023-00775 (La. 10/17/2023) [5 pp.]
From LSCR Volume 31, Issue 10
The Ernest N. Morial Exhibition Hall Authority (the Authority) is a political subdivision of
the State and operates the Ernest N. Morial New Orleans Conventio... view full summary |
| CONSTITUTIONAL LAW
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| 11. | Phrase in Ethics Code prohibiting certain contracts was unconstitutionally vague.
The Cartesian Company, Inc. v. Division of Administration Law Ethics Adjudicatory Board Panel, 2023-CA-00398 (La. 10/20/2023) [34 pp.]
From LSCR Volume 31, Issue 10
The Lafayette Public Trust Financing Authority (LPTFA) administered the Section 8 Housing
Choice Voucher program in Lafayette and West Lafayette. Greg Gachassin was a t... view full summary |
| JUVENILE
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| 12. | Delinquency adjudication reinstated based on evidence juvenile was principal to crimes.
State in the Interest of DW, 2022-CK-01654 (La. 10/20/2023) [7 pp.]
From LSCR Volume 31, Issue 10
In the early morning hours of April 23, 2021, a marked St. Tammany Sheriff's Office vehicle
parked in Slidell was burglarized. Stolen items included a police radio,... view full summary |
| CRIMINAL
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| 13. | District court must act on motion to correct illegal sentence.
State v. Morris Edwards, 2023-KH-01099 (La. 10/03/2023) [2 pp.]
From LSCR Volume 31, Issue 10
Defendant represented that the district court failed to act timely on a motion to correct illegal
sentence filed in July 2023. The Court granted a supervisory ... view full summary |
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| 14. | Defendant's statement to victim during course of criminal act was admissible.
State v. Donald Franklin, 2023-KK-01332 (La. 10/04/2023) [2 pp.]
From LSCR Volume 31, Issue 10
Defendant filed a motion in limine to exclude evidence of a statement he allegedly made to
the victim during the commission of the criminal acts at issue to entice the ... view full summary |
| CRIMINAL
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| 15. | Court excludes opinion of mental health expert regarding lack of deviant sexual tendencies.
State v. Donald Warden, 2023-KK-00898 (La. 10/17/2023) [2 pp.]
From LSCR Volume 31, Issue 10
Defendant sought to present testimony from a mental health expert that defendant was a
moral person without deviant sexual tendencies that might prompt pedophiliac beh... view full summary |