Louisiana Case Commentaries

EMTALA Preemption Over Louisiana's Medical Malpractice Panel Requirements

Date: Mar 1, 2000

EMTALA Preemption Over Louisiana's Medical Malpractice Panel Requirements Introduction The case of Rickey G. Spradlin v. Acadiana-St. Landry Medical Foundation (758 So. 2d 116) was adjudicated by the...

Supreme Court Upholds Mandatory Application of La.R.S. 9:2501 (1996) to Pre-1996 Wills: Commentary on Successorship of Joseph Page Boyter

Date: Feb 19, 2000

Supreme Court Upholds Mandatory Application of La.R.S. 9:2501 (1996) to Pre-1996 Wills: Commentary on Successorship of Joseph Page Boyter Introduction The Supreme Court of Louisiana, in the landmark...

Reaffirming Strict Construction of Exclusionary Provisions and Penalty Enforcement under La.R.S. 22:1220: Calogero v. Safeway Insurance Co.

Date: Jan 20, 2000

Reaffirming Strict Construction of Exclusionary Provisions and Penalty Enforcement under La.R.S. 22:1220: Calogero v. Safeway Insurance Co. Introduction The case of Steven J. Calogero v. Safeway...

Louisiana Supreme Court Upholds Access to Medical Evidence in Termination of Parental Rights

Date: Jan 13, 2000

Louisiana Supreme Court Upholds Access to Medical Evidence in Termination of Parental Rights Introduction The case of State of Louisiana, in the interest of J.A., et al. (752 So. 2d 806) presents a...

Duty of Care in Business Premises: Shirley Posecai v. Wal-Mart Stores, Inc.

Date: Dec 1, 1999

Duty of Care in Business Premises: Establishing Foreseeability in Shirley Posecai v. Wal-Mart Stores, Inc. Introduction In the landmark case of Shirley Posecai v. Wal-Mart Stores, Inc. d/b/a Sam's...

Modification Claims in Workers' Compensation Not Barred by Prescription Period

Date: Nov 20, 1999

Modification Claims in Workers' Compensation Not Barred by Prescription Period Introduction The case of Lonnie J. Falgout v. Dealers Truck Equipment Co. (748 So. 2d 399) addressed a pivotal issue in...

DOTD Liability and Driver Negligence: Louisiana Supreme Court's Ruling in Netecke v. State of Louisiana

Date: Nov 20, 1999

DOTD Liability and Driver Negligence: Louisiana Supreme Court's Ruling in Netecke v. State of Louisiana Introduction The case of Traci Allen Netecke, et al v. State of Louisiana, through DOTD, et al...

Appellate Scrutiny of Damage Awards in Medical Malpractice: A Comprehensive Analysis of Cone v. National Emergency Services

Date: Oct 30, 1999

Appellate Scrutiny of Damage Awards in Medical Malpractice: A Comprehensive Analysis of Cone v. National Emergency Services Introduction In the landmark case of Joshua N. Cone et al. v. National...

Exclusion of Improper Hearsay Evidence in Convictions: The Louisiana Supreme Court's Ruling in State of Louisiana v. Henri Broadway

Date: Oct 20, 1999

Exclusion of Improper Hearsay Evidence in Convictions: The Louisiana Supreme Court's Ruling in State of Louisiana v. Henri Broadway Introduction State of Louisiana v. Henri Broadway is a landmark...

Admissibility of Integral Act Evidence Under La.C.E. art. 404 (B) in State of Louisiana v. Colomb

Date: Oct 2, 1999

Admissibility of Integral Act Evidence Under La.C.E. art. 404 (B) in State of Louisiana v. Colomb Introduction State of Louisiana v. Tommy Anthony Colomb is a pivotal case decided by the Supreme...

Clarifying Prescription and Continuing Tort in Negligence Actions: The Crump v. Sabine River Authority Decision

Date: Sep 18, 1999

Clarifying Prescription and Continuing Tort in Negligence Actions: The Crump v. Sabine River Authority Decision Introduction The case of Sarah Derrick Crump v. Sabine River Authority, adjudicated by...

Prospective Application of Tort Immunity in Wrongful Death Claims Arising from Pre-Statute Occupational Exposures

Date: Sep 9, 1999

Prospective Application of Tort Immunity in Wrongful Death Claims Arising from Pre-Statute Occupational Exposures Introduction The case of Walls v. American Optical Corporation, et al. (740 So.2d...

Reaffirmation of Duty-Risk Analysis Over Public Duty Doctrine: Hardy v. Bowie

Date: Sep 9, 1999

Reaffirmation of Duty-Risk Analysis Over Public Duty Doctrine: Hardy v. Bowie Introduction Hardy v. Bowie, 744 So.2d 606 (La. 1999), is a seminal case adjudicated by the Supreme Court of Louisiana...

Affirmation of Death Sentence in STATE OF LOUISIANA v. DAMON THIBODEAUX

Date: Sep 9, 1999

Affirmation of Death Sentence in State of Louisiana v. Damon Thibodeaaux Introduction State of Louisiana v. Damon Thibodeaaux, 750 So.2d 916 (La. 1999), is a pivotal case adjudicated by the Supreme...

Supreme Court of Louisiana Clarifies Defamation Standards in Fitzgerald v. Tucker

Date: Sep 4, 1999

Supreme Court of Louisiana Clarifies Defamation Standards in Fitzgerald v. Tucker Introduction The case of Ann Lang Fitzgerald v. Thomas C. Tucker, et al. presented significant questions regarding...

Extension of Burden-Shifting Principles in Recidivist DWI Cases: Analysis of State v. Duane Carlos

Date: Jul 8, 1999

Extension of Burden-Shifting Principles in Recidivist DWI Cases: Analysis of State of Louisiana v. Duane Carlos Introduction State of Louisiana v. Duane Carlos is a landmark decision by the Supreme...

Stogner v. Stogner: Mandated Review of Stipulated Child Support in Light of Louisiana Guidelines

Date: Jul 8, 1999

Stogner v. Stogner: Mandated Review of Stipulated Child Support in Light of Louisiana Guidelines Introduction Stogner v. Stogner, 739 So.2d 762 (La. 1999), is a pivotal case decided by the Supreme...

Clarification on Uninsured Motorist Coverage in CGL Policies: Magnon v. Collins

Date: Jul 8, 1999

Clarification on Uninsured Motorist Coverage in CGL Policies: Magnon v. Collins Introduction Magnon v. Collins, 739 So. 2d 191 (La. 1999), is a pivotal case adjudicated by the Supreme Court of...

Affirmation of Death Sentence in STATE OF LOUISIANA v. CEDRIC D. EDWARDS: Legal Principles on Aggravating Circumstances and Evidence Admissibility

Date: Jul 3, 1999

Affirmation of Death Sentence in STATE OF LOUISIANA v. CEDRIC D. EDWARDS: Legal Principles on Aggravating Circumstances and Evidence Admissibility Introduction The case State of Louisiana v. Cedric...

Louisiana Supreme Court Establishes Continuing Tort Doctrine in Employment Discrimination Cases

Date: Jul 3, 1999

Louisiana Supreme Court Establishes Continuing Tort Doctrine in Employment Discrimination Cases Introduction In the landmark case of Danatus Norman King v. Phelps Dunbar, L.L.P., Danny Shaw, Harry...