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  • Commentaries
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Louisiana Case Commentaries

Louisiana Supreme Court Overrules 'One Day, One Conviction' Rule in Habitual Offender Enhancements

Louisiana Supreme Court Overrules 'One Day, One Conviction' Rule in Habitual Offender Enhancements

Date: Nov 28, 2007
Louisiana Supreme Court Overrules 'One Day, One Conviction' Rule in Habitual Offender Enhancements Introduction In the landmark case of STATE of Louisiana v. Shon P. Shaw (969 So. 2d 1233), the...
Louisiana Supreme Court Restricts Medical Malpractice Act to Clinical Negligence: Insights from LaCoste v. Pendleton Methodist Hospital

Louisiana Supreme Court Restricts Medical Malpractice Act to Clinical Negligence: Insights from LaCoste v. Pendleton Methodist Hospital

Date: Nov 3, 2007
Louisiana Supreme Court Restricts Medical Malpractice Act to Clinical Negligence: Insights from LaCoste v. Pendleton Methodist Hospital Introduction In the landmark case of Stephen B. LaCoste, et al....
Habitual Offender Enhancement Permitted for Felons in Possession of Firearms under La.R.S. 14:95.1

Habitual Offender Enhancement Permitted for Felons in Possession of Firearms under La.R.S. 14:95.1

Date: Oct 17, 2007
Habitual Offender Enhancement Permitted for Felons in Possession of Firearms under La.R.S. 14:95.1 Introduction State of Louisiana v. Monolo Anton Baker, 970 So. 2d 948 (La. 2007), is a landmark...
Clarifying Victim Identification in Unauthorized Motor Vehicle Use: State v. Macon

Clarifying Victim Identification in Unauthorized Motor Vehicle Use: State v. Macon

Date: Jun 2, 2007
Clarifying Victim Identification in Unauthorized Motor Vehicle Use: State v. Macon Introduction In the landmark case of State of Louisiana v. Wayne Macon, the Supreme Court of Louisiana addressed...
Affirmation of Conviction in STATE of Louisiana v. Daniel Joseph Blank: Analyzing Jurisprudential Boundaries in Capital Sentencing

Affirmation of Conviction in STATE of Louisiana v. Daniel Joseph Blank: Analyzing Jurisprudential Boundaries in Capital Sentencing

Date: Jun 2, 2007
Affirmation of Conviction in STATE of Louisiana v. Daniel Joseph Blank: Analyzing Jurisprudential Boundaries in Capital Sentencing Introduction The case of STATE of Louisiana v. Daniel Joseph Blank,...
Clarifying the Boundaries of Coverage: Work Product Exclusion Prevails Over PCOH in CGL Policies

Clarifying the Boundaries of Coverage: Work Product Exclusion Prevails Over PCOH in CGL Policies

Date: May 23, 2007
Clarifying the Boundaries of Coverage: Work Product Exclusion Prevails Over PCOH in CGL Policies Introduction The case of Supreme Services and Specialty Co., Inc. v. Sonny Greer, Inc., et al. (958...
Strict Contractual Interpretation Upholds Insurance Policy Limits in Helen C. Sims v. Mulhearn Funeral Home

Strict Contractual Interpretation Upholds Insurance Policy Limits in Helen C. Sims v. Mulhearn Funeral Home

Date: May 23, 2007
Strict Contractual Interpretation Upholds Insurance Policy Limits in Helen C. Sims v. Mulhearn Funeral Home Introduction Helen C. Sims v. Mulhearn Funeral Home, Inc. and Mulhearn Protective Insurance...
Clear Contractual Interpretation Overrides Retroactive Statutory Changes: Helen C. Sims v. Mulhearn Funeral Home, Inc.

Clear Contractual Interpretation Overrides Retroactive Statutory Changes: Helen C. Sims v. Mulhearn Funeral Home, Inc.

Date: May 23, 2007
Clear Contractual Interpretation Overrides Retroactive Statutory Changes: Helen C. Sims v. Mulhearn Funeral Home, Inc. Introduction Helen C. Sims v. Mulhearn Funeral Home, Inc. and Mulhearn...
Double Jeopardy Protections Affirmed in State v. Langley

Double Jeopardy Protections Affirmed in State v. Langley

Date: May 23, 2007
Double Jeopardy Protections Affirmed in State v. Langley Introduction State of Louisiana v. Ricky Joseph Langley, 958 So. 2d 1160 (La. 2007), is a landmark case decided by the Supreme Court of...
Affirmation of Mandatory Life Sentence in Second Degree Murder: STATE v. Hill

Affirmation of Mandatory Life Sentence in Second Degree Murder: STATE v. Hill

Date: May 10, 2007
Affirmation of Mandatory Life Sentence in Second Degree Murder: STATE v. Hill Introduction The case STATE of Louisiana, Appellee v. Terry Glen Hill, Appellant (956 So.2d 758) was adjudicated by the...
Kaiser v. Hardin: Supreme Court of Louisiana Reaffirms Jury's Damage Awards in Automobile Collision Case

Kaiser v. Hardin: Supreme Court of Louisiana Reaffirms Jury's Damage Awards in Automobile Collision Case

Date: Apr 12, 2007
Kaiser v. Hardin: Supreme Court of Louisiana Reaffirms Jury's Damage Awards in Automobile Collision Case Introduction The case of Thurman and Rosemary Kaiser v. Harry Hardin and United Services...
Detraz v. Virgin Nails: Establishing the Boundaries of the Housley Presumption in Negligence Cases

Detraz v. Virgin Nails: Establishing the Boundaries of the Housley Presumption in Negligence Cases

Date: Mar 31, 2007
Detraz v. Virgin Nails: Establishing the Boundaries of the Housley Presumption in Negligence Cases Introduction In Michelle Detraz v. Victor Lee d/b/a Virgin Nails, reported in 950 So. 2d 557 (La....
Affirmation of First Degree Murder Conviction and Death Sentence: State of Louisiana v. Darrell D. Draughn

Affirmation of First Degree Murder Conviction and Death Sentence: State of Louisiana v. Darrell D. Draughn

Date: Mar 31, 2007
Affirmation of First Degree Murder Conviction and Death Sentence: State of Louisiana v. Darrell D. Draughn Introduction State of Louisiana v. Darrell D. Draughn is a pivotal case adjudicated by the...
Spoliation and Duty to Disclose in Nullity Actions: An In-Depth Analysis of Wright v. Louisiana Power Light

Spoliation and Duty to Disclose in Nullity Actions: An In-Depth Analysis of Wright v. Louisiana Power Light

Date: Mar 10, 2007
Spoliation and Duty to Disclose in Nullity Actions: An In-Depth Analysis of Wright v. Louisiana Power Light Introduction Betty Jo H. Wright, et al. v. Louisiana Power Light, et al. is a significant...
STATE v. LATHAN: Affirmation of Manslaughter Conviction Amid Trial Timeliness and Evidentiary Standards

STATE v. LATHAN: Affirmation of Manslaughter Conviction Amid Trial Timeliness and Evidentiary Standards

Date: Mar 1, 2007
STATE v. LATHAN: Affirmation of Manslaughter Conviction Amid Trial Timeliness and Evidentiary Standards Introduction In State of Louisiana v. Paul G. Lathan, Jr., 953 So. 2d 890 (La. App. 2007), the...
Clarifying Exigent Circumstances in Searches Incident to Arrest: Louisiana v. Tal

Clarifying Exigent Circumstances in Searches Incident to Arrest: Louisiana v. Tal

Date: Feb 23, 2007
Clarifying Exigent Circumstances in Searches Incident to Arrest: Louisiana v. Tal Introduction State of Louisiana v. Talvin Warren (949 So. 2d 1215, 2007) is a pivotal case adjudicated by the Supreme...
Insurer's Duty to Defend in Legal Malpractice vs. Fee Disputes: Insights from Elliott v. Continental Casualty

Insurer's Duty to Defend in Legal Malpractice vs. Fee Disputes: Insights from Elliott v. Continental Casualty

Date: Feb 23, 2007
Insurer's Duty to Defend in Legal Malpractice vs. Fee Disputes Insights from Howard P. Elliott, Jr. v. Continental Casualty Company (949 So. 2d 1247) Introduction The case of Howard P. Elliott, Jr....
Admissibility of Other Crimes Evidence in State v. Randy Rose: Establishing a Pattern of Violent Behavior

Admissibility of Other Crimes Evidence in State v. Randy Rose: Establishing a Pattern of Violent Behavior

Date: Feb 23, 2007
Admissibility of Other Crimes Evidence in State of Louisiana v. Randy Rose: Establishing a Pattern of Violent Behavior Introduction State of Louisiana v. Randy Rose is a pivotal case adjudicated by...
Supreme Court of Louisiana Establishes No Fiduciary Duty Between Co-Counsel

Supreme Court of Louisiana Establishes No Fiduciary Duty Between Co-Counsel

Date: Feb 23, 2007
Supreme Court of Louisiana Establishes No Fiduciary Duty Between Co-Counsel Introduction The Supreme Court of Louisiana, in the landmark case of William J. Scheffler, III v. Adams and Reese, LLP, et...
Enforcement of Due-on-Sale Clauses in Bond for Deed Transfers: Federal Preemption Affirmed

Enforcement of Due-on-Sale Clauses in Bond for Deed Transfers: Federal Preemption Affirmed

Date: Feb 17, 2007
Enforcement of Due-on-Sale Clauses in Bond for Deed Transfers: Federal Preemption Affirmed Introduction Jeffrey S. Levine, M.D. v. First National Bank of Commerce is a landmark case decided by the...
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