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Showing results for LSCR volume 33 LSCR issue 2
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CONTRACTS

1.Court reduces jury's lost profits award by $50 million.
Huntsman International, LLC v. Praxair, Inc., 2024-C-00627 (La. 02/06/2025) [24 pp.]
From LSCR Volume 33, Issue 2
     Plaintiff was a publicly traded company in the chemical business. Its largest division produced chemical compounds used to make polyurethane, includi... view full summary
CIVIL PROCEDURE

2.Defendant's motion to continue hearing waived right to assert abandonment.
Pinnacle Construction Group, LLC v. Devere Swepco JV, LLC, 2024-C-00406 (La. 02/06/2025) [7 pp.]
From LSCR Volume 33, Issue 2
     Plaintiff, a subcontractor, contracted with Devere Swepco JV, a contractor, to perform work in a Eunice subdivision owned by Unity Village Homes, Inc. Plaintiff filed s... view full summary
3.Dismissal of appeal not warranted where grounds were not free from doubt.
Dylan Cain Duplantis v. Kortney Rae Fontenot Duplantis, 2024-OC-01527 (La. 02/25/2025) [2 pp.]
From LSCR Volume 33, Issue 2
     In June 2023 plaintiff filed a petition for a divorce under La. Civ. Code art. 102. In February 2024 he filed a supplemental and amending petition for a divo... view full summary
TORTS

4.Genuine issues of fact regarding employment precluded summary judgment.
Roshaunda Randall v. Imperial Fire & Casualty Insurance Company, 2024-CC-01174 (La. 02/05/2025) [2 pp.]
From LSCR Volume 33, Issue 2
     Plaintiffs filed suit against Imperial Fire & Casualty Insurance Company, VIP Taxi Services, LLC, and Patricia McKenzie. VIP Taxi moved for partial summary judgment... view full summary
5.Real estate broker entitled to summary judgment in tort claim against property manager.
Christian Longo v. 700B8, LLC, 2024-CC-01262 (La. 02/19/2025) [6 pp.]
From LSCR Volume 33, Issue 2
     Plaintiff fell off of a second story screened porch at his leased apartment in New Orleans. The property was owned by 700B8, LLC, which hired Preston Tedesco to manage ... view full summary
6.Genuine issues precluded summary judgment in rear-end accident suit.
Roderick Mitchell v. Jolee Chambers, 2024-C-01526 (La. 02/25/2025) [2 pp.]
From LSCR Volume 33, Issue 2
     This case arose from an August 2021 automobile accident in Shreveport. Plaintiff was a guest passenger in a pickup truck operated by Henry Horton. Horton was pullin... view full summary
INSURANCE

7.Court remands case involving forum selection clause in surplus lines policy.
Richards Clearview City Center, LLC, 2024-CC-00863 c/w 2024-CC-00864 (La. 02/05/2025) [4 pp.]
From LSCR Volume 33, Issue 2
     On August 20, 2021, wind and water from Hurricane Ida significantly damaged plaintiff's properties on Houma Boulevard and Veterans Boulevard in Metairie. The pr... view full summary
MEDICAL MALPRACTICE

8.Court reverses partial summary judgment for plaintiffs.
David Rabb v. Willis-Knighton Medical Center, 2024-CC-01432 (La. 02/19/2025) [2 pp.]
From LSCR Volume 33, Issue 2
     In this medical malpractice case plaintiffs moved for partial summary judgment against defendants, Willis-Knighton Medical Center and Dr. Ana Costea. ... view full summary
WORKERS' COMPENSATION

9.Court remands for new trial after testimony was improperly excluded.
Mona LeBlanc v. Walmart Stores, Inc., 2024-C-01212 (La. 02/05/2025) [4 pp.]
From LSCR Volume 33, Issue 2
     Plaintiff filed a claim for temporary and total disability benefits after a work accident at Walmart in November 2010. The workers' compensation judge... view full summary
DOMESTIC RELATIONS

10.Court orders court of appeal to convert improper appeal of interlocutory custody order to writ application.
Kasey Lynn Roberie Fontenot v. Charles Nicholas Fontenot, 2025-OC-00048 (La. 02/25/2025) [2 pp.]
From LSCR Volume 33, Issue 2
     Plaintiff and defendant were married and then divorced. Both filed rules to establish custody of their two young daughters. After a conference, the hearing officer issu... view full summary
CRIMINAL

11.Court orders evidentiary hearing on post-conviction claim of factual innocence.
State v. Kyle Alexander, 2024-KP-00670 (La. 02/05/2025) [2 pp.]
From LSCR Volume 33, Issue 2
     Defendant was convicted by two separate Assumption Parish juries of the second-degree murder of two of his former high school classmates. Defendant later file... view full summary
12.Court vacates sentences and remands to properly consider sentencing factors.
State v. Justin Craighead, 2024-KK-01219 (La. 02/05/2025) [10 pp.]
From LSCR Volume 33, Issue 2
     Defendant, a middle-aged husband and father with no prior criminal record, suffered from mental health and substance abuse issues. While on methamphetamine he stabbed a... view full summary
13.Evidence was insufficient to support second-degree murder for providing controlled substance.
State v. Deon Ray Bartie, 2024-K-00897 (La. 02/06/2025) [20 pp.]
From LSCR Volume 33, Issue 2
     Defendant was convicted of the second-degree murder of Brittany Lapeyrouse. The State's theory was that defendant unlawfully provided a controlled dangerous... view full summary
14.Defendant entitled to jury charge allowing acquittal by ten of twelve jurors.
State v. Felton Thompson, 2024-KK-00564 (La. 02/06/2025) [5 pp.]
From LSCR Volume 33, Issue 2
     Defendant was charged with aggravated burglary and sexual battery, with both offenses alleged to have occurred on or about October 7, 2016. He asked the dist... view full summary
15.Court for second time orders district court to rule on motion.
State v. Twdarryl Toney, 2024-KH-01368 (La. 02/19/2025) [3 pp.]
From LSCR Volume 33, Issue 2
     In January 2024 the Court granted a supervisory writ in part and, in a brief per curiam, ordered the district court to rule on defendant's motion fo... view full summary
16.Court removes restriction from unopposed subpoena to law enforcement.
State v. Maya Jones, 2024-KK-01479 (La. 02/19/2025) [2 pp.]
From LSCR Volume 33, Issue 2
     At defendant's request a subpoena duces tecum was issued to the Houma Police Department and the Terrebonne Parish Sheriff's Department. The district cou... view full summary
17.Court vacates ruling allowing testimony by surrogate analyst.
State v. Corey Morgan, 2024-KK-01327 (La. 02/25/2025) [2 pp.]
From LSCR Volume 33, Issue 2
     Defendant was charged with second-degree murder. The State filed a motion in limine contending that the analyst who issued the report and underlying data on... view full summary
18.Court of appeal ordered to act on writ application.
State v. Josh Hollywood, 2024-KD-1558 (La. 02/25/2025) [2 pp.]
From LSCR Volume 33, Issue 2
     Defendant contended the Fifth Circuit failed to act timely on a supervisory writ application he filed in August 2024. The Court granted a supervisory writ. If defendant... view full summary