Louisiana Case Commentaries

Affirmation of Procedural Standards and the "Strike or Waive" Rule in Capital Sentencing: State v. Magee

Date: Dec 1, 2012

Affirmation of Procedural Standards and the "Strike or Waive" Rule in Capital Sentencing: State v. James C. Magee Introduction In the landmark case of State of Louisiana v. James C. Magee (103 So.3d...

Enforceability of Arbitration Clauses in Attorney-Client Retainers: Insights from Hodges v. Reasonover et al.

Date: Sep 22, 2012

Enforceability of Arbitration Clauses in Attorney-Client Retainers: Insights from Hodges v. Reasonover et al. Introduction In the landmark case Jacqueline T. Hodges and HRC Solutions, Inc. v....

Extending Uninsured Motorist Coverage to Guest Passengers: Bernard v. Ellis

Date: Sep 22, 2012

Extending Uninsured Motorist Coverage to Guest Passengers: Bernard v. Ellis Introduction Bernard v. Ellis, 111 So. 3d 995 (La. 2012), adjudicated by the Supreme Court of Louisiana, addressed the...

Balancing Sentencing Discretion and Due Process: Insights from STATE of Louisiana v. Courtney Paul SAVOY

Date: Jul 3, 2012

Balancing Sentencing Discretion and Due Process: Insights from STATE of Louisiana v. Courtney Paul SAVOY Introduction The case of STATE of Louisiana v. Courtney Paul Savoy, decided by the Supreme...

Due Process Requirements in Tax Sales: Louisiana Supreme Court Sets New Precedent in Smitko v. Gulf South Shrimp, Inc.

Date: Jul 3, 2012

Due Process Requirements in Tax Sales: Louisiana Supreme Court Sets New Precedent in Smitko v. Gulf South Shrimp, Inc. Introduction Smitko v. Gulf South Shrimp, Inc. is a landmark case decided by the...

Admissibility of Incomplete Perpetuated Depositions: Trascher v. Territo Sets New Precedent in Louisiana Evidence Law

Date: May 9, 2012

Admissibility of Incomplete Perpetuated Depositions: Trascher v. Territo Sets New Precedent in Louisiana Evidence Law Introduction The case of Joseph C. Trascher, et al. v. Peter Territo, et al. (89...

Arabie v. Citgo: Louisiana Supreme Court Clarifies Conflict of Laws Rules for Punitive Damages in Toxic Torts

Date: May 5, 2012

Arabie v. Citgo: Louisiana Supreme Court Clarifies Conflict of Laws Rules for Punitive Damages in Toxic Torts Introduction The case of Craig Ste Arabie et al. v. Citgo Petroleum Corporation et al....

Louisiana Supreme Court Establishes $5,000 Penalty Ceiling for Insurers’ Untimely Loss Adjustment Initiation

Date: Jan 21, 2012

Louisiana Supreme Court Establishes $5,000 Penalty Ceiling for Insurers’ Untimely Loss Adjustment Initiation Introduction In the landmark case of Geraldine Oubre and Linda Gentry on their Behalf, as...

Prescription as a Defense in False Arrest Claims: Supreme Court of Louisiana Reinstates District Court Judgment

Date: Oct 26, 2011

Prescription as a Defense in False Arrest Claims: Supreme Court of Louisiana Reinstates District Court Judgment Introduction In the landmark case Kirk Richard, et al. v. Kimberly Babin Richard, et...

Affirmation of Conviction and Death Sentence in the Presence of Batson Challenges and Alleged Racial Bias

Date: Oct 22, 2011

Affirmation of Conviction and Death Sentence in the Presence of Batson Challenges and Alleged Racial Bias Introduction STATE of Louisiana v. Felton Dejuan Dorsey, 74 So. 3d 603 (La. 2011), is a...

Affirming Hybrid Self-Representation: A Comprehensive Analysis of State v. Mathieu

Date: Sep 3, 2011

Affirming Hybrid Self-Representation: A Comprehensive Analysis of State v. Mathieu Introduction State of Louisiana v. John W. Mathieu, 68 So. 3d 1015 (La. 2011), is a pivotal case adjudicated by the...

STATE v. SPARKS: Upholding Capital Conviction and Addressing Ineffective Assistance of Counsel in Death Sentencing

Date: Sep 3, 2011

STATE v. SPARKS: Upholding Capital Conviction and Addressing Ineffective Assistance of Counsel in Death Sentencing Introduction The case of State of Louisiana v. Thomas Sparks, Jr., a/k/a Abdullah...

Supreme Court of Louisiana Clarifies Admissibility of Medical Review Panel Opinions in Malpractice Cases

Date: Jul 2, 2011

Supreme Court of Louisiana Clarifies Admissibility of Medical Review Panel Opinions in Malpractice Cases Introduction In Margie McGlothlin, et al. v. Christus St. Patrick Hospital (65 So. 3d 1218),...

Louisiana Supreme Court Upholds SOAP Statute's Constitutionality in State v. Bryan Golston et al.

Date: Jul 2, 2011

Louisiana Supreme Court Upholds SOAP Statute's Constitutionality in State v. Bryan Golston et al. Introduction In the consolidated criminal cases of STATE of Louisiana v. Bryan Golston and others,...

Louisiana Supreme Court Establishes Strict Limits on Contractual Prescription in Insurance Claims

Date: May 21, 2011

Louisiana Supreme Court Establishes Strict Limits on Contractual Prescription in Insurance Claims Introduction In the landmark case of Sherry Coleman Taranto, Dean Coleman, and William S. Coleman,...

Clarification on Appellate Jurisdiction and Contractual Obligations in Favrot v. Favrot

Date: May 7, 2011

Clarification on Appellate Jurisdiction and Contractual Obligations in Favrot v. Favrot Introduction T. Semmes Favrot v. James P. Favrot is a pivotal case adjudicated by the Court of Appeal of...

Louisiana Supreme Court Establishes New Precedent on Insurer's Duty of Good Faith and Damages: Wegener v. Lafayette Insurance Company

Date: May 7, 2011

Louisiana Supreme Court Establishes New Precedent on Insurer's Duty of Good Faith and Damages: Wegener v. Lafayette Insurance Company Introduction In the landmark case of Wegener v. Lafayette...

Exemplary Liability in Corporate Misconduct: Wooley v. Lucksingers Establishes New Precedent

Date: Apr 30, 2011

Exemplary Liability in Corporate Misconduct: Wooley v. Lucksingers Establishes New Precedent Introduction The case of J. Robert Woooley, as Commissioner of Insurance for the State of Louisiana v....

Louisiana Supreme Court Establishes Strict Evidentiary Requirements for Arbitrational Award Confirmation in FIA Card Services v. Weaver

Date: Mar 16, 2011

Louisiana Supreme Court Establishes Strict Evidentiary Requirements for Arbitrational Award Confirmation in FIA Card Services v. Weaver Introduction In FIA Card Services, N.A. v. William F. Weaver,...

Enhanced Employer Credit for Future Medical Benefits in Workers' Compensation Settlements: City of DeQuincy v. Randy James Henry

Date: Mar 16, 2011

Enhanced Employer Credit for Future Medical Benefits in Workers' Compensation Settlements: City of DeQuincy v. Randy James Henry (62 So. 3d 43) Introduction The case of City of DeQuincy v. Randy...