Louisiana Case Commentaries

Failure to Authorize Prepayment Triggers Penalties under LSA-R.S. 23:1201(F): Insights from Authement v. Shappert Engineering

Date: Apr 26, 2003

Failure to Authorize Prepayment Triggers Penalties under LSA-R.S. 23:1201(F): Insights from Authement v. Shappert Engineering Introduction The case of Ronald Joseph Authement v. Shappert Engineering...

Louisiana Supreme Court Overrules Temporal Requirement in "Two Contract" Statutory Employer Defense

Date: Apr 10, 2003

Louisiana Supreme Court Overrules Temporal Requirement in "Two Contract" Statutory Employer Defense Introduction In the landmark case of Louise Allen v. The State of Louisiana through the Ernest N....

Automobile Exception and Probable Cause: A Comprehensive Analysis of State of Louisiana v. James Thompson

Date: Apr 10, 2003

Automobile Exception and Probable Cause: A Comprehensive Analysis of State of Louisiana v. James Thompson Introduction State of Louisiana v. James Thompson, 842 So. 2d 330 (2003), is a pivotal case...

Louisiana Supreme Court Clarifies Filing Period for Supplemental Earnings Benefits in DuFrene v. Video Co-op

Date: Apr 10, 2003

Louisiana Supreme Court Clarifies Filing Period for Supplemental Earnings Benefits in DuFrene v. Video Co-op Introduction The case of Pamela DuFrene v. Video Co-op and Louisiana Workers' Compensation...

Reaffirming Sentencing Discretion: Louisiana Supreme Court in State v. Smith

Date: Mar 22, 2003

Reaffirming Sentencing Discretion: Louisiana Supreme Court in State v. Smith Introduction State of Louisiana v. Donald K. Smith, 839 So. 2d 1 (La. 2003), is a landmark decision by the Supreme Court...

Affirmation of Broad Res Gestae Exception for Admissibility of Other Crimes Evidence in Louisiana

Date: Mar 22, 2003

Affirmation of Broad Res Gestae Exception for Admissibility of Other Crimes Evidence in Louisiana Introduction In the case of State of Louisiana v. Michael Taylor, 838 So. 2d 729 (2003), the Supreme...

State of Louisiana v. Ronald M. Smith, Jr.: Affirmation of Seven-Year Hard Labor Sentence and Sentencing Guidelines Compliance

Date: Feb 13, 2003

State of Louisiana v. Ronald M. Smith, Jr.: Affirmation of Seven-Year Hard Labor Sentence and Sentencing Guidelines Compliance Introduction In the landmark case of State of Louisiana v. Ronald M....

Industrial Companies, Inc. v. Durbin: Clarifying Unjust Enrichment and Party Joinder in Holders in Due Course Claims

Date: Jan 29, 2003

Industrial Companies, Inc. v. Durbin: Clarifying Unjust Enrichment and Party Joinder in Holders in Due Course Claims Introduction Industrial Companies, Inc. v. James E. Durbin, decided by the Supreme...

Constructive Possession and Judicial Reasoning in State of Louisiana v. Mary L. Toups

Date: Jan 25, 2003

Constructive Possession and Judicial Reasoning in State of Louisiana v. Mary L. Toups Introduction State of Louisiana v. Mary L. Toups (833 So. 2d 910) is a pivotal case adjudicated by the Supreme...

Impact of Compromise Intent on Insurance Coverage: Rollins v. Richardson

Date: Jan 25, 2003

Impact of Compromise Intent on Insurance Coverage: Rollins v. Richardson Introduction Rollins v. Richardson, 833 So. 2d 921 (La. 2003), addresses a critical issue in insurance law: the extent to...

Affirmation of Multiple Penalties under La.R.S. 23:1201(F) in Workers' Compensation Claims

Date: Jan 15, 2003

Affirmation of Multiple Penalties under La.R.S. 23:1201(F) in Workers' Compensation Claims Introduction The Fontenot v. Reddell Vidrine Water District and Haynes v. Williams Fence and Aluminum cases,...

Specific Intent to Kill Affirmed in Attempted Second Degree Murder: STATE OF LOUISIANA v. DALE P. BISHOP

Date: Jan 15, 2003

Specific Intent to Kill Affirmed in Attempted Second Degree Murder: STATE OF LOUISIANA v. DALE P. BISHOP Introduction The case of State of Louisiana v. Dale P. Bishop (835 So. 2d 434) adjudicated by...

Affirmation of First Degree Murder under Principals and Transferred Intent – State v. Demetric Gilliam

Date: Oct 18, 2002

Affirmation of First Degree Murder under Principals and Transferred Intent – State v. Demetric Gilliam Introduction The case of State of Louisiana v. Demetric Gilliam is a pivotal legal decision...

Reaffirming the Validity of Circumstantial Evidence and Mandatory Life Sentences under Louisiana Habitual Offender Law: State v. John Dale Allen

Date: Oct 18, 2002

Reaffirming the Validity of Circumstantial Evidence and Mandatory Life Sentences under Louisiana Habitual Offender Law: State v. John Dale Allen 1. Introduction State of Louisiana v. John Dale Allen,...

Dumas v. State of Louisiana: Abolishing Solidary Liability and Embracing Comparative Fault in Tort Law

Date: Oct 16, 2002

Dumas v. State of Louisiana: Abolishing Solidary Liability and Embracing Comparative Fault in Tort Law Introduction Dumas v. State of Louisiana, 828 So. 2d 530 (La. 2002) is a landmark case...

Limitation on Punitive Damages for Conspirators Lacking Direct Control under La. Civil Code Article 2315.3 in Ross v. Conoco

Date: Oct 16, 2002

Limitation on Punitive Damages for Conspirators Lacking Direct Control under La. Civil Code Article 2315.3 in Ross v. Conoco Introduction In the landmark case of Ross v. Conoco, Inc., et al., the...

Liability of Garnishees for Unanswered Garnishment Interrogatories: Insights from Tower Credit, Inc. v. Tonya Carpenter

Date: Oct 5, 2002

Liability of Garnishees for Unanswered Garnishment Interrogatories: Insights from Tower Credit, Inc. v. Tonya Carpenter Introduction Tower Credit, Inc. v. Tonya Carpenter, decided by the Supreme...

Cole v. State of Louisiana: Establishing the Intentional Tort Exception to Workers' Compensation

Date: Sep 5, 2002

Cole v. State of Louisiana: Establishing the Intentional Tort Exception to Workers' Compensation Introduction Cole v. State of Louisiana, Department of Public Safety and Corrections is a landmark...

Campo v. Correa: Louisiana Supreme Court Establishes Importance of Discovery Date in Prescriptive Period for Medical Malpractice Actions

Date: Jun 22, 2002

Campo v. Correa: Louisiana Supreme Court Establishes Importance of Discovery Date in Prescriptive Period for Medical Malpractice Actions Introduction Campo v. Correa is a pivotal medical malpractice...

Prospective Application of Sentencing Amendments in STATE OF LOUISIANA v. DANIEL SUGASTI

Date: Jun 22, 2002

Prospective Application of Sentencing Amendments in STATE OF LOUISIANA v. DANIEL SUGASTI Introduction STATE OF LOUISIANA v. DANIEL SUGASTI, 820 So. 2d 518, adjudicated by the Supreme Court of...