Archive of LSCR Articles
Showing results for LSCR volume 9 LSCR issue 11 | Jump to a direct Volume/Issue
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| TORTS
| | 1. | Jury manifestly erred in finding age discrimination in employment.
Donna Labove, et vir. v. Roy Raftery, Jr., et al., 00-C-1394 c/w 00-C-1423 (La. 11/28/01) [26 pp.]
From LSCR Volume 9, Issue 11 Plaintiff bank employee filed suit against her employer seeking damages for alleged age discrimination and/or intentional infliction of emot... view full summary | | CIVIL PROCEDURE
| | 2. | District court erred in ruling on the merits of plaintiffs' petition at the
injunction hearing, when the parties had not consented to summary
trial.
Women's Health Clinic, et al. v. the State of Louisiana, 01-CA-2645 (La. 11/9/01) [2 pp.]
From LSCR Volume 9, Issue 11 Medical clinics and a physician filed suit to enjoin the enforcement of Louisiana law rendering them liable for any damages suffered by a wo... view full summary | | 3. | Suit should have been involuntarily dismissed when plaintiff failed to
request service within 90 days.
Sammy Young v. Stephen Roth, et al., 01-CC-2151 (La. 11/9/01) [1 pp.]
From LSCR Volume 9, Issue 11 Defendant moved for involuntary dismissal under La. Code Civ. P. art. 1672(C), on the ground that 90 days had passed since the filing of sui... view full summary | | 4. | District court may properly reverse itself and grant a JNOV before
final judgment is rendered.
Vasalle v. Wal-Mart Stores, 01-C-0462 (La. 11/28/01) [19 pp.]
From LSCR Volume 9, Issue 11 Plaintiff was struck with a shopping cart pushed by a Wal-Mart employee, and she and her husband sued for personal injuries and loss of cons... view full summary | | 5. | Attorney's fees in appropriation suit need not fully compensate the
landowner for his fees.
Rivet v. State, DOTD, 01-CC-0961 (La. 11/28/01) [8 pp.]
From LSCR Volume 9, Issue 11 Plaintiffs filed an appropriation (inverse condemnation) suit against the Department of Transportation and Development. After ten years of l... view full summary | | STATE AND LOCAL GOVERNMENT
| | 6. | State tax exemption for foreign or coastal commerce applies only to
vessels that leave the state.
Archer Daniels Midland Company, et al. v. Parish School Board of the Parish of St. Charles, et al., 01-C- 0511 (La. 11/28/01) [12 pp.]
From LSCR Volume 9, Issue 11 Plaintiffs were taxpayers that operated tugboats in St. Charles Parish. The tugs never left the parish. Because plaintiffs' operations consi... view full summary | | DOMESTIC RELATIONS
| | 7. | Under the UCCJA, a Louisiana court need not defer to the jurisdiction
of a foreign country that does not consider the best interests of the
child in awarding custody.
Magda Sobhy Ahmed Amin v. Abdelrahman Sayed Bakhaty, 01-C-1967 (La. 10/16/01) [25 pp.]
From LSCR Volume 9, Issue 11 Dr. Bakhaty and Ms. Amin were married in Egypt in 1991, and had one son, Ahmed, also born in Egypt in 1992. Ms. Amin and Ahmed are Egyptian ... view full summary | | 8. | General community property partition agreement did not extend to
pension benefits not specifically mentioned in the agreement.
Lula Mae Jennings v. Johnny E. Turner, Jr., 01-C-0631 (La. 11/28/01) [4 pp.]
From LSCR Volume 9, Issue 11 Plaintiff filed suit to recover her portion of her ex-husband's pension funds. Husband moved for summary judgment on the ground that the com... view full summary | | 9. | Community acquets and gains governs only if both spouses establish
domicile in this state.
Ivan L. Hand, Jr. v. Gwendolyn Robinson Hand, 01-C-0714 (La. 11/28/01) [11 pp.]
From LSCR Volume 9, Issue 11 Plaintiff husband and defendant wife were married in South Carolina and moved to England. Defendant then moved back to South Carolina, and p... view full summary | | CRIMINAL
| | 10. | Defendant has the right to cross-examine a witness as to bias or
interest resulting from arrests or pending charges, not just prior
convictions.
State v. Vernon Goodlow, 00-KO-3488 (La. 11/21/01) [2 pp.]
From LSCR Volume 9, Issue 11 At defendant's criminal trial, the district court had reviewed the victim's rap sheet in camera, and did not order the state to produce it b... view full summary | | 11. | Court of appeal may sua sponte impose a harsher sentence, when only
the defendant has appealed, distinguishing controlling precedent
State v. Sidney Williams, 00-K-1725 (La. 11/28/01) [17 pp.]
From LSCR Volume 9, Issue 11 Defendant was convicted of a third DWI and sentenced to three years imprisonment, suspended, and three years active probation and home incar... view full summary | | 12. | Robbery conviction reversed
State v. Earl Blake Young, 00-K-1437 (La. 11/28/01) [10 pp.]
From LSCR Volume 9, Issue 11 The evidence indicates that the victim was in his convenience store when defendant jumped on him and attempted to choke him, saying "I got y... view full summary | | 13. | Prosecution expert allowed to testify as to ultimate issue; death
sentence affirmed.
State v. Deal, 00-KA-0434 (La. 11/28/01) [20 pp.]
From LSCR Volume 9, Issue 11 Defendant was convicted of first-degree murder of his two month old son by forcing a twisted paper towel down the infant's throat and throwi... view full summary | | ADMINISTRATIVE
| | 14. | Two-year abandonment period for DEQ compliance orders does not
apply retroactively.
La. Dept. of Environmental Quality v. Wayne L. Rottman, 01-C-0678 (La. 11/28/01) [5 pp.]
From LSCR Volume 9, Issue 11 Plaintiff DEQ ordered defendant to close his solid waste disposal site in 1991. Defendant failed to appeal the compliance order, and it ther... view full summary |
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