Louisiana Case Commentaries

Application of Duty-Risk Analysis in Assessing Law Enforcement Liability: Insights from KIMBERLY SYRIE v. VICTOR R. SCHILHAB

Date: Jun 21, 1997

Application of Duty-Risk Analysis in Assessing Law Enforcement Liability: Insights from KIMBERLY SYRIE et al. v. VICTOR R. SCHILHAB et al. Introduction The case of Kimberly Syrie et al. v. Victor R....

Pre-Deposition Disclosure of Surveillance Videotapes in Personal Injury Litigation: Wolford v. Smith Psychiatric Hospital

Date: Jun 21, 1997

Pre-Deposition Disclosure of Surveillance Videotapes in Personal Injury Litigation: Wolford v. Smith Psychiatric Hospital Introduction The case of Linda Wolford and Michael Wolford v. JoEllen Smith...

Louisiana Supreme Court Establishes Retroactive Application of Comparative Fault in Tort Cases: Floyd Keith v. USFG

Date: Jun 14, 1997

Louisiana Supreme Court Establishes Retroactive Application of Comparative Fault in Tort Cases: Floyd Keith v. USFG Introduction The case of Floyd Keith, et ux. v. United States Fidelity Guaranty...

Limited Private Right of Action for Third-Party Claimants under La.R.S. 22:1220

Date: May 21, 1997

Limited Private Right of Action for Third-Party Claimants under La.R.S. 22:1220 Introduction The case of Dianna M. Theriot v. Midland Risk Insurance Company, et al. addresses the interpretation of...

Refining the Application of Habitual Offender Statutes: Insights from State v. Kennerson

Date: May 8, 1997

Refining the Application of Habitual Offender Statutes: Insights from State of Louisiana v. Edward Kennerson Introduction In the landmark case of State of Louisiana v. Edward Kennerson (695 So. 2d...

Appellate Deference to Jury Findings in Comparative Negligence: Analysis of Guillory v. Insurance Company of North America

Date: Apr 9, 1997

Appellate Deference to Jury Findings in Comparative Negligence: Analysis of Guillory v. Insurance Company of North America Introduction Steven Guillory v. Insurance Company of North America, et al.,...

State v. Bosley: Upholding Evidence Sufficiency and Judicial Discretion in Aggravated Rape Convictions

Date: Apr 3, 1997

State v. Bosley: Upholding Evidence Sufficiency and Judicial Discretion in Aggravated Rape Convictions Introduction In the landmark case of State of Louisiana, Plaintiff-Appellee, v. Antonio Bosley,...

Res Judicata in Inverse Condemnation: The Ortego v. State of Louisiana Decision

Date: Feb 26, 1997

Res Judicata in Inverse Condemnation: The Ortego v. State of Louisiana Decision Introduction The case of Marius Ortego and Theresa Tate Ortego d/b/a Theresa's Dress Shop v. State of Louisiana,...

Hawkins v. State: Affirmation of Conviction and Implications for Hearsay Evidence in Louisiana

Date: Feb 22, 1997

Hawkins v. State: Affirmation of Conviction and Implications for Hearsay Evidence in Louisiana Introduction State of Louisiana v. Jonathan Hawkins is a pivotal case adjudicated by the Supreme Court...

Non-Revival of Prescribed Asbestos Abatement Claims under La.R.S. 9:5644: A Comprehensive Analysis of Cameron Parish School Board v. ACANDS, Inc.

Date: Feb 1, 1997

Non-Revival of Prescribed Asbestos Abatement Claims under La.R.S. 9:5644: A Comprehensive Analysis of Cameron Parish School Board v. ACANDS, Inc. Introduction The case of Cameron Parish School Board...

Boyle v. Board of Supervisors of LSU: Defining Unreasonable Risk in Sidewalk Liability

Date: Jan 15, 1997

Boyle v. Board of Supervisors of LSU: Defining Unreasonable Risk in Sidewalk Liability Introduction Boyle v. Board of Supervisors of Louisiana State University (LSU), 685 So. 2d 1080 (La. 1997), is a...

Reform of Summary Judgment Standards in Louisiana: Comprehensive Analysis of Hayes v. Autin

Date: Dec 27, 1996

Reform of Summary Judgment Standards in Louisiana: Comprehensive Analysis of Hayes v. Autin Introduction The case of Donald Hayes v. Dr. David Autin and St. Paul Fire and Marine Insurance Company...

Strickland v. State: Rejection of Misjoinder Per Se Standard in Appellate Review

Date: Dec 14, 1996

Strickland v. State: Rejection of Misjoinder Per Se Standard in Appellate Review Introduction In State of Louisiana v. Lawson Eugene Strickland, 683 So. 2d 218 (La. 1996), the Supreme Court of...

Affirmation of First-Degree Murder Conviction in State of Louisiana v. Glen Seals: Implications for Judicial Review and Capital Sentencing

Date: Dec 14, 1996

Affirmation of First-Degree Murder Conviction in State of Louisiana v. Glen Seals: Implications for Judicial Review and Capital Sentencing Introduction State of Louisiana v. Glen Seals, 684 So. 2d...

Manifest Error Standard in Legal Disciplinary Actions: In re Ernest L. Caulfield

Date: Dec 14, 1996

Manifest Error Standard in Legal Disciplinary Actions: In re Ernest L. Caulfield Introduction The case of In re: Ernest L. Caulfield (683 So. 2d 714) adjudicated by the Supreme Court of Louisiana on...

Non-Retrospective Effect of Constitutional Amendments on Pre-existing Unconstitutional Sentences: State of Louisiana v. Donald Gene Cousan

Date: Nov 26, 1996

Non-Retrospective Effect of Constitutional Amendments on Pre-existing Unconstitutional Sentences: State of Louisiana v. Donald Gene Cousan Introduction State of Louisiana v. Donald Gene Cousan (684...

La.C.Cr.P. art. 881.2(A)(2) and Sentencing Caps: A Comprehensive Analysis of STATE v. YOUNG, Jr.

Date: Nov 16, 1996

La.C.Cr.P. art. 881.2(A)(2) and Sentencing Caps: A Comprehensive Analysis of STATE v. YOUNG, Jr. Introduction State of Louisiana v. Bruce Young, Jr. (680 So. 2d 1171) is a pivotal decision by the...

Clarifying Damages and Fee Assessments in Inverse Condemnation: Rivet v. State of Louisiana, DOTD

Date: Oct 26, 1996

Clarifying Damages and Fee Assessments in Inverse Condemnation: Rivet v. State of Louisiana, DOTD Introduction In the landmark case of Rivet v. State of Louisiana, Department of Transportation and...

State v. Willard Allen: Upholding Death Sentence and Affirming Procedural Standards

Date: Oct 5, 1996

State v. Willard Allen: Upholding Death Sentence and Affirming Procedural Standards Introduction State of Louisiana v. Willard Allen (682 So.2d 713) is a pivotal case adjudicated by the Supreme Court...

Employer Not Vicariously Liable for Employee's Sexual Battery Outside Employment Scope: Baumeister v. Plunkett

Date: May 22, 1996

Employer Not Vicariously Liable for Employee's Sexual Battery Outside Employment Scope: Baumeister v. Plunkett Introduction Baumeister v. Plunkett, 673 So. 2d 994 (La. 1996), is a pivotal case...