Archive of LSCR Articles
Showing results for LSCR volume 33 LSCR issue 3 | Jump to a direct Volume/Issue
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| CONTRACTS
| | 1. | Assignor-member of LLC maintained right to inspect company's records.
Gerard J. Bourgeois v. Christopher W. Lopez, 2024-CC-01378 (La. 02/28/2025) [2 pp.]
From LSCR Volume 33, Issue 3
In 2005 Gerard Bourgeois and Christopher Lopez formed Northpointe Business Park, LLC,
as a limited liability company under Louisiana law. Bourgeois and Lopez each had a... view full summary | | 2. | Court affirms judgment for property owner against contractor for breach of contract.
Maxine Thomas v. Housing Louisiana Now, LLC, 2024-C-00631, (La. 03/21/2025) [9 pp.]
From LSCR Volume 33, Issue 3
In February 2017 plaintiff, an elderly widow, sustained severe damage to her New Orleans
home as a result of tornadoes. Within a week she entered into a contract with M... view full summary | | TORTS
| | 3. | Suit against uninsured motorist carrier interrupted prescription as to all solidary obligors.
Susan Dever v. Berkshire Hathaway Homestate Insurance Company, 2024-CC-01582 (La. 02/28/2025) [2 pp.]
From LSCR Volume 33, Issue 3
In response to plaintiffs' petition, defendants filed an exception of prescription. The district
court denied the exception. The Third Circuit granted a su... view full summary | | 4. | Scope of hotel's duty to guest did not encompass risk of particular robbery by third parties.
William Campbell v. Orient-Express Hotels Louisiana, Inc., 2024-C-00840 (La. 03/21/2025) [32 pp.]
From LSCR Volume 33, Issue 3
In the early morning hours of Christmas Day 2008, plaintiff, a guest at the Windsor Court
hotel in New Orleans, was robbed in the hotel's courtyard entrance. The co... view full summary | | MEDICAL MALPRACTICE
| | 5. | Statute raising standard of care for medical providers to gross negligence during declared health emergency was constitutional.
Kathleen Welch v. United Medical Healthwest-New Orleans, LLC, 2024-CC-00899 (La. 03/21/2025) [18 pp.]
From LSCR Volume 33, Issue 3
In November 2019 plaintiff was admitted to Tulane Medical Center for acute pancreatitis and
diabetic ketoacidosis. After an extended stay, she was admitted for rehabi... view full summary | | STATE AND LOCAL GOVERNMENT
| | 6. | City entitled to summary judgment in wrongful death claim arising from murder by escaped inmate.
John Kite v. Rapides Parish Sheriff's Department, 2024-CC-01351 (La. 02/28/2025) [8 pp.]
From LSCR Volume 33, Issue 3
McKennedy Armstead was an inmate serving a sentence for a narcotics conviction at the
Rapides Parish Detention Center in Alexandria. While on a work detail... view full summary | | 7. | Court exercises plenary authority and rejects challenge to ballot language of proposed constitutional amendment.
Willie Calhoun v. Nancy Landry, 2025-CD-00316 (La. 03/18/2025) [16 pp.]
From LSCR Volume 33, Issue 3
In November 2024 the Louisiana Legislature proposed an amendment to revise art. VII of
the Louisiana Constitution. At the time of this opinion, the measure was schedule... view full summary | | 8. | Act allowing historical horse racing without holding a local election was unconstitutional.
Donovan Fremin v. Boyd Racing, LLC, 2024-CA-00995 (La. 03/21/2025) [11 pp.]
From LSCR Volume 33, Issue 3
The Louisiana Constitution provides that "[g]ambling shall be defined and suppressed by the
legislature." La. Const. art. XII, Section 6(B). As amended in 1996,... view full summary | | SUCCESSIONS
| | 9. | Conditional legacy in will was valid, but attempted conditional legacy in codicil was not.
Succession of Cladie J. Wade, 2024-C-00635 (La. 03/21/2025) [10 pp.]
From LSCR Volume 33, Issue 3
Cladie J. Wade executed a statutory will dated August 13, 2007, dividing most of her
belongings between her two children, Alma and Carl. The will... view full summary | | CRIMINAL
| | 10. | Court denies stay and resetting of execution date.
State v. Jessie D. Hoffman, 2025-KD-00324 (La. 03/16/2025) [9 pp.]
From LSCR Volume 33, Issue 3
Defendant was convicted of first-degree murder for the kidnapping, rape, robbery, and
murder of Mary "Molly" Elliot and sentenced to death in 1988. S... view full summary | | 11. | State's waiver of procedural bar was effective despite amendments to Code of Criminal Procedure.
State v. Henry Taylor, 2024-KH-00907 (La. 03/18/2025) [7 pp.]
From LSCR Volume 33, Issue 3
In 1981 an Orleans Parish jury found defendant guilty of aggravated rape, and the district
court sentenced him to life in prison at hard labor without benefi... view full summary | | 12. | State's waiver of procedural bar was effective despite amendments to Code of Criminal Procedure.
State v. Andre Johnson, 2025-KP-01175 (La. 03/18/2025) [7 pp.]
From LSCR Volume 33, Issue 3
This case involved the same issue as the case above. In 1997 an Ouachita Parish jury found
defendant guilty of second-degree murder, and the district court sentenced hi... view full summary | | 13. | Jail time for misdemeanor was not relevant in calculating habitual offender cleansing period.
State v. Christopher Raymond Diano, 2024-KK-00888 (La. 03/21/2025) [16 pp.]
From LSCR Volume 33, Issue 3
In 2023 defendant was convicted of the felony offense of inciting a felony, committed on
January 24, 2021. After the conviction, the State filed ... view full summary |
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