Louisiana Case Commentaries

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

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

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

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

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...

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

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...

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....

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...

Comprehensive Commentary on Duncan v. U.S.A.A. Insurance Company: Mandating Completion of Policy Number for Valid UM Coverage Waiver

Date: Feb 17, 2007

Mandating Completion of Policy Number for Valid UM Coverage Waiver Introduction Tammy Kay Duncan v. U.S.A.A. Insurance Company, James S. Cameron, and Maloni R. Sartin-White, Western Heritage...

Reaffirmation of Specific Intent and Overt Acts in Attempted Armed Robbery: State of Louisiana v. Leslie Otto Ordodi

Date: Feb 3, 2007

Reaffirmation of Specific Intent and Overt Acts in Attempted Armed Robbery: State of Louisiana v. Leslie Otto Ordodi Introduction In State of Louisiana v. Leslie Otto Ordodi, 946 So.2d 654 (La....

Negligence in Overhead Power Line Maintenance: Foley v. Entergy Louisiana, Inc.

Date: Feb 3, 2007

Negligence in Overhead Power Line Maintenance: Foley v. Entergy Louisiana, Inc. Introduction The case of Jeremy Dean Foley and Joy Dawn Foley, Individually and on Behalf of their Minor Children,...

Affirmation of Circumstantial Evidence Sufficiency and Probable Cause Standards in Controlled Substance Manufacturing: Louisiana v. Shumaker

Date: Jan 19, 2007

Affirmation of Circumstantial Evidence Sufficiency and Probable Cause Standards in Controlled Substance Manufacturing: Louisiana v. Shumaker Introduction State of Louisiana v. William Shumaker is a...

Reaffirming Standards for Vehicular Homicide Convictions: State of Louisiana v. Derick P. Price

Date: Dec 29, 2006

Reaffirming Standards for Vehicular Homicide Convictions: State of Louisiana v. Derick P. Price Introduction In the landmark case of State of Louisiana v. Derick P. Price (952 So. 2d 112),...

Negligence in Electrical Infrastructure Maintenance: H.H. Hanks v. Entergy Corporation

Date: Dec 19, 2006

Negligence in Electrical Infrastructure Maintenance: H.H. Hanks v. Entergy Corporation Introduction H.H. Hanks, et al. v. Entergy Corporation, et al. is a landmark case adjudicated by the Supreme...

Reaffirmation of JACKSON v. VIRGINIA Standard in Bench Trials: State v. Marshall

Date: Nov 30, 2006

Reaffirmation of JACKSON v. VIRGINIA Standard in Bench Trials: State v. Marshall Introduction State of Louisiana v. Keith Marshall a/k/a Gregory Marshall, 943 So.2d 362 (La. 2006), presents a...

Corroborated Accomplice Testimony Suffices for Manslaughter Conviction: State v. Tron Hughes

Date: Nov 30, 2006

Corroborated Accomplice Testimony Suffices for Manslaughter Conviction: State v. Tron Hughes Introduction State of Louisiana v. Tron Hughes, 943 So. 2d 1047 (La. 2006), is a pivotal case adjudicated...

Retroactive Application of LeBreton v. Rabito in Medical Malpractice Claims

Date: Oct 18, 2006

Retroactive Application of LeBreton v. Rabito in Medical Malpractice Claims Introduction The case of Delbert W. Bush, et al. v. National Health Care of Leesville, et al. (939 So. 2d 1216) before the...

Reformation of Insurance Policies Due to Clerical Errors: Insights from Samuels v. State Farm

Date: Oct 18, 2006

Reformation of Insurance Policies Due to Clerical Errors: Insights from Samuels v. State Farm Introduction Samuels v. State Farm Mutual Automobile Insurance Company, 939 So. 2d 1235, adjudicated by...

Abuse of Discretion in Granting Motion to Quash: State v. Michael Batiste

Date: Oct 18, 2006

Abuse of Discretion in Granting Motion to Quash: State v. Michael Batiste Introduction State of Louisiana v. Michael Batiste, 939 So. 2d 1245 (La. 2006), is a pivotal case adjudicated by the Supreme...