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Showing results for LSCR volume 9 LSCR issue 11
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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