Archive of LSCR Articles
Showing results for LSCR volume 31 LSCR issue 3 | Jump to a direct Volume/Issue
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| INSURANCE
| | 1. | Restaurant's commercial insurance policy did not provide coverage for business income losses during COVID-19 pandemic.
Cajun Conti, LLC v. Certain Underwriters at Lloyd's London, 2022-C-01349 (La. 03/17/2023) [12 pp.]
From LSCR Volume 31, Issue 3
Plaintiffs were the owners of the French Quarter restaurant Oceana Grill, which could
accommodate 500 guests at any one time prior to the COVID-19... view full summary | | CONTRACTS
| | 2. | Defendant who breached contract not entitled to fee award even though plaintiff didn't prove damages.
Stuart Services, LLC v. Nash Heating & Air Conditioning, Inc., 2023-C-00015 [3 pp.]
From LSCR Volume 31, Issue 3
In February 2008 Ronnie Camet sold the "good will," client list, and name of his business,
"R.C. Camet Air Conditioning," to plaintiff for $60,0... view full summary | | TORTS
| | 3. | Court reassigns fault in case where inmate escaped and attempted to kidnap plaintiff.
Sharon Tisdale v. David Hedrick, 2022-C-01072 (La. 03/17/2023) [22 pp.]
From LSCR Volume 31, Issue 3
Matthew Morgan was a Louisiana Department of Safety & Corrections inmate assigned to the
Concordia Parish Correctional Facility in Vidalia. After arriving h... view full summary | | 4. | Court reinstates district court award for plaintiff injured by watermelon display at grocery store.
Lashondra Jones v Market Basket Stores, Inc., 2022-C-00841 (La. 03/17/2023) [20 pp.]
From LSCR Volume 31, Issue 3
Plaintiff filed suit to recover for injuries she sustained in July 2017 while shopping at
defendant's supermarket. Trial testimony established that pl... view full summary | | 5. | Court clarifies consideration of open and obvious conditions in duty/risk analysis.
Suzanne Farrell v. Circle K Stores, Inc., 2022-CC-00849 (La. 03/17/2023) [27 pp.]
From LSCR Volume 31, Issue 3
On July 10, 2019, Suzanne and Joseph Farrell were traveling to Galveston, Texas, when they
stopped to refuel at a Circle K Store in Pineville. While Mr. Farrell pumped ... view full summary | | CIVIL PROCEDURE
| | 6. | Lower courts erred in applying res judicata to bar multiple actions.
Rick Sutton v. Jack Adams, 2022-C-01672 (La. 03/07/2023) [13 pp.]
From LSCR Volume 31, Issue 3
This case involves multiple lawsuits between Rick Sutton and Jack Adams and related
entities. In 2014 Sutton filed suit against Adams for breach of a 2011 o... view full summary | | 7. | Law of the case doctrine did not apply to interlocutory ruling.
Jason Durel, MD v. Acadian Ear, Nose, Throat & Facial Plastic Surgery, 2023-C-00024 (La. 03/07/2023) [4 pp.]
From LSCR Volume 31, Issue 3
Plaintiff is a former employee and co-owner of Acadian Ear, Nose, Throat & Facial Plastic
Surgery in Lafayette. In 2017 he executed a physician employment agreement... view full summary | | 8. | Court enforces mandatory deadlines for filing opposition to motion for summary judgment.
Linda Jill Mahe v. LCMC Health Holdings LLC, 2023-CC-00025 (La. 03/14/2023) [3 pp.]
From LSCR Volume 31, Issue 3
The opposition to a motion for summary judgment "shall be filed and served in accordance
with Article 1313 not less than fifteen days prior to the hearing on the mo... view full summary | | 9. | Court remands for hearing as to whether opposition to motion for summary judgment was timely served.
Andrea Downing v. State of Louisiana, 2023-CC-00039 (La. 03/14/2023) [3 pp.]
From LSCR Volume 31, Issue 3
This case also involved the deadlines of La. Civ. Code art. 966(B)(2), which provides that the
opposition to a motion for summary judgment and supporting documents "... view full summary | | PROPERTY
| | 10. | In dispute over ownership of French Quarter lot, defendant acquired ownership through 10-year acquisitive prescription.
1026 Conti Holding, LLC v. 1025 Bienville, LLC, 2022-C-01288 (La. 03/17/2023) [30 pp.]
From LSCR Volume 31, Issue 3
At issue here was the ownership of "lot AA," a small parcel of land located in the center of a
block in the French Quarter. It was bounded on two sides by an al... view full summary | | DOMESTIC RELATIONS
| | 11. | Community property partition agreement did not grant wife use of home for her lifetime.
William Dering v. Kay Dering, 2022-C-01857 (La. 03/07/2023) [8 pp.]
From LSCR Volume 31, Issue 3
In 1981 William and Kay Dering executed a community property partition agreement and
were divorced. Decades later William filed this action seeking a partition of co-ow... view full summary | | CRIMINAL
| | 12. | Court remands for application of correct version of habitual offender law.
State v. Kelly Cockerham, 2022-KP-1661 (La. 03/07/2023) [2 pp.]
From LSCR Volume 31, Issue 3
In a brief per curiam, the Court granted a supervisory writ in part, vacated defendant's
habitual offender adjudication and sentence, and remanded for... view full summary |
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