| WORKERS COMPENSATION
|
| 1. | Manual labor exception does not apply to employees of independent contractor or to its own independent contractors.
Marilyn H. McBride v. Old Republic Insurance Company, 2024-C-01519 (La. 06/27/2025) [39 pp.]
From LSCR Volume 33, Issue 6
Enable Midstream Partners (Enable) was the owner of the Magnolia natural gas processing
plant in Ringgold. Integral to its processing of natural gas was the use of amin... view full summary |
| CIVIL PROCEDURE
|
| 2. | Amended petition related back to original petition so that claim against UM carrier was not prescribed.
Dorothy Banish Madden v. Steven Ray Fairburn, 2025-C-00122 (La. 05/29/2025) [4 pp.]
From LSCR Volume 33, Issue 6
This case arose from a car accident. Plaintiff was a guest passenger in a vehicle driven by
John Seibert when Seibert's vehicle was struck by a vehicle driven by St... view full summary |
| 3. | Contempt judgment for mayor's incarceration was invalid due to improper service.
Lonesome Development, LLC v. Town of Abita Springs, 2025-C-00124 & 2025-C-00154 (La.05/29/2025) [3 pp.]
From LSCR Volume 33, Issue 6
Plaintiff filed a motion to enforce a final judgment and for contempt and sanctions. It asserted
the Town of Abita Springs was not complying with a final judgment ordering... view full summary |
| 4. | Court recuses entire Second Circuit.
Stanley R. Palowsky, III v. W. Brandon Cork, 2025-OC-00272 (La. 05/29/2025) [2 pp.]
From LSCR Volume 33, Issue 6
In this long running litigation, plaintiff moved to recuse the entire Second Circuit Court of
Appeal. The Second Circuit denied the motion without a published ... view full summary |
| 5. | Court reinstates suspensive appeal of eviction judgment.
Joseph J. Bazile, Jr. v. GSS Holdings LA, LLC, 2025-OC-00666 (La. 06/12/2025) [2 pp.]
From LSCR Volume 33, Issue 6
Plaintiffs were the owners of commercial real estate in Kenner leased as a Brothers Food
Mart. Mountain Express Oil Company (MEX) became the owner of the Bro... view full summary |
| 6. | Court of appeal should have considered merits of interlocutory ruling allowing amendment of petition.
Lirette Neville v. LCMC Health Holdings, Inc., 2025-C-00417 (La. 06/17/2025) [3 pp.]
From LSCR Volume 33, Issue 6
In this medical malpractice claim based on acts that occurred in March 2021, defendants filed
an exception of no cause of action in response to plaintiff's complain... view full summary |
| EVIDENCE
|
| 7. | Court allows additional testimony from expert witness.
Elvia Solorzano-Robinson v. PV Holding Corp., 2025-CC-00725 (La. 06/09/2025) [3 pp.]
From LSCR Volume 33, Issue 6
In this personal injury case, the district court made several evidentiary rulings. Defendants
sought review by the First Circuit, but it denied writs. The Court granted... view full summary |
| TORTS
|
| 8. | Manufacturer entitled to summary judgment on product liability claim arising from misuse of bulldozer.
Brady Hardisty v. Dusty L. Walker, 2025-CC-00239 (La. 06/03/2025) [8 pp.]
From LSCR Volume 33, Issue 6
Plaintiff and a coworker were using a Caterpillar D3K2 track-type tractor bulldozer to clear
land when the bulldozer became stuck in the mud. The men attached chains fr... view full summary |
| MEDICAL MALPRACTICE
|
| 9. | Court of appeal should have allocated fault between defendants.
Darcy Driver v. Willis Knighton Pierremont Health Center, 2025-C-00391 c/w 2025-C-00400 (La. 06/25/2025) [4 pp.]
From LSCR Volume 33, Issue 6
In this medical malpractice case, the jury found plaintiffs failed to prove the applicable
standard of care. On appeal the Second Circuit reversed, reviewe... view full summary |
| STATE AND LOCAL GOVERNMENT
|
| 10. | Probationary employee had no right to appeal termination.
Rhonda K. Oliver v. Department of Finance, 2025-C-00338 (La. 05/29/2025) [2 pp.]
From LSCR Volume 33, Issue 6
In September 2015 plaintiff began working for the City of New Orleans in the Department of
Housing and Urban Development. In 2021 she transferred to the Sewerage and Wa... view full summary |
| 11. | Court grants rehearing and vacates its prior opinion granting City summary judgment in wrongful death claim arising from murder by escaped inmate.
John Kite v. Rapides Parish Sheriff's Department, 2024-CC-01351 (La. 06/01/2025) [2 pp.]
From LSCR Volume 33, Issue 6
This wrongful death case was brought on behalf of the children of a woman murdered by
inmate McKennedy Armstead after he escaped custody of the Rapides Parish Sheriff&#... view full summary |
| 12. | Plaintiff could not enforce waste disposal contract that was not approved by Bond Commission.
23rd Psalm Trucking, LLC v. Madison Parish Police Jury, 2024-C-00808 (La. 06/27/2025) [22 pp.]
From LSCR Volume 33, Issue 6
On July 14, 2014, plaintiff signed a contract with the Madison Parish Police Jury to collect and
dispose of residential waste for a four-year term through July 14, 2018... view full summary |
| DOMESTIC RELATIONS
|
| 13. | Court orders designation of parent responsible for children's educational needs.
Morgan McCann Thibodeaux v. Luke Joseph Thibodeaux, 2025-CJ-00276 (La. 06/25/25) [2 pp.]
From LSCR Volume 33, Issue 6
In this domestic matter from the East Baton Rouge Family Court, the First Circuit denied
defendant's writ application, with Judge McClendon dissenting.... view full summary |
| 14. | Liquidated damages paid to former LSU head coach after termination of community was community asset.
Kelly O. Orgeron v. Edward J. Orgeron, Jr., 2024-C-00676 (La. 06/27/2025) [21 pp.]
From LSCR Volume 33, Issue 6
Defendant, who was at the time LSU's head football coach, filed a petition for divorce against
his wife on February 26, 2020. The community property regime was lat... view full summary |
| JUVENILE
|
| 15. | Court rejects constitutional challenges to sex offender registration requirement for juvenile.
State in the Interest of DD, 2024-CK-00254 (La. 06/27/2025) [24 pp.]
From LSCR Volume 33, Issue 6
DD was adjudicated delinquent for committing second-degree rape. He was 14 years old at
the time of the act and 16 when adjudicated. The juvenile court committed him to... view full summary |
| CRIMINAL
|
| 16. | Court orders Second Circuit to act on appellate brief.
State v. Clay Landis Riggs, 2025-KO-0299 (La. 05/29/2025) [2 pp.]
From LSCR Volume 33, Issue 6
Defendant represented that the Second Circuit failed to act on an appellate brief he filed in
February 2024, which was the subject of an application for rehearing he fi... view full summary |
| 17. | Ad hoc colloquy was not a substitute for sanity proceedings.
State v. John (AKA James) Elliot Thompson, 2025-KK-00349 (La. 06/03/2025) [2 pp.]
From LSCR Volume 33, Issue 6
Defendant's mental capacity to proceed became an issue in the district court. The district
court engaged in a colloquy with defendant and then determined he was com... view full summary |
| 18. | Court finds consent to search vehicle and reverses suppression of evidence.
State v. Elnora McNeal, 2025-KK-00413 (La. 06/03/2025) [2 pp.]
From LSCR Volume 33, Issue 6
Defendant was charged with possession of marijuana with the intent to distribute. She pled
not guilty and moved to suppress statements and physical evidence officers fo... view full summary |
| 19. | Court orders Beauregard Parish judges recused in prosecution of former DeRidder mayor.
State v. Misty Dawn Roberts, 2025-KK-00572 (La. 06/03/2025) [3 pp.]
From LSCR Volume 33, Issue 6
The former mayor of DeRidder was charged with third-degree rape of a juvenile,
contributing to the delinquency of a juvenile, and felony indecent ... view full summary |
| 20. | Court reverses suppression of recorded statement.
State v. Leon Curry, III, 2025-KK-00365 (La. 06/17/2025) [4 pp.]
From LSCR Volume 33, Issue 6
On the morning of April 18, 2022, defendant, who was 69 years old, was brought into the
East Baton Rouge Violent Crimes Unit for questioning. He was informed of his Mir... view full summary |
| 21. | Court reverses suppression of evidence after finding valid consent to search vehicle.
State v. Raymond L. Hart, 2025-KK-00568 (La. 06/19/2025) [3 pp.]
From LSCR Volume 33, Issue 6
Following a valid stop for a traffic violation, defendant gave an officer consent to search his
vehicle. Defendant later moved to suppress evidence that resulte... view full summary |
| 22. | Court remands for district court to outline periods of suspension or interruption of prosecution.
State v. Travis Demond Joseph, 2025-KK-00206 (La. 06/25/2025) [6 pp.]
From LSCR Volume 33, Issue 6
In this case prosecution was instituted by grand jury indictment in September 2018. More
than six years later, in September 2024, defendant filed a motion to quash the ... view full summary |
| 23. | Defendants not entitled to Miranda warnings when questioned about their critically injured infant.
State v. John Noehl, 2024-KK-01224 (La. 06/27/2025) [16 pp.]
From LSCR Volume 33, Issue 6
On May 24, 2022, Analise Noehl called 911 because DN, her seven-month-old son, was having
trouble breathing and was vomiting. EMS brought the infant to Ochsner Medical ... view full summary |
| 24. | Court affirms dismissal of petition seeking review of parole revocation.
Gerald Williams v. Louisiana Department of Public Safety & Corrections, 2024-C-00957 (La. 06/27/2025) [13 pp.]
From LSCR Volume 33, Issue 6
In 1985 plaintiff was convicted of armed robbery and sentenced to 99 years of imprisonment
without benefit of parole, probation, or suspension of sentence. In 2013, aft... view full summary |