Louisiana Case Commentaries

Preventing Arbitrary Factors in Death Penalty Sentencing: Insights from STATE OF LOUISIANA v. SCOTT JUDE BOURQUE

Date: Sep 3, 1993

Preventing Arbitrary Factors in Death Penalty Sentencing: Insights from STATE OF LOUISIANA v. SCOTT JUDE BOURQUE Introduction STATE OF LOUISIANA v. SCOTT JUDE BOURQUE (622 So. 2d 198) is a pivotal...

Louisiana Supreme Court Upholds General Gaming Statutes with Severability of Civil Service Provision

Date: Aug 21, 1993

Louisiana Supreme Court Upholds General Gaming Statutes with Severability of Civil Service Provision Introduction In the landmark case of Rev. Robert Polk, et al. v. Edwin W. Edwards, et al. (1993),...

Prescriptive Period in Tort Actions for Asbestos-Related Diseases: OUTHER COLE et al. v. CELOTEX CORPORATION et al.

Date: Jul 2, 1993

Prescriptive Period in Tort Actions for Asbestos-Related Diseases: OUTHER COLE et al. v. CELOTEX CORPORATION et al. Introduction The case of OUTHER COLE, ET AL. v. CELOTEX CORPORATION, ET AL. (620...

Revising Burden of Proof in Habitual Offender Proceedings: Insights from State of Louisiana v. Mike Shelton

Date: Jul 2, 1993

Revising Burden of Proof in Habitual Offender Proceedings: Insights from State of Louisiana v. Mike Shelton Introduction State of Louisiana v. Mike Shelton, 621 So. 2d 769 (La. 1993), is a landmark...

Liability of Employers for Inadequate Security Measures: Analysis of Jenera Mundy v. Department of Health and Human Resources

Date: Jul 1, 1993

Liability of Employers for Inadequate Security Measures: Analysis of Jenera Mundy v. Department of Health and Human Resources Introduction Jenera Mundy v. Department of Health and Human Resources, et...

Enhanced Access to Employment Under Supplemental Earnings Benefits: PINKINS v. CARDINAL WHOLESALE SUPPLY

Date: May 25, 1993

Enhanced Access to Employment Under Supplemental Earnings Benefits: PINKINS v. CARDINAL WHOLESALE SUPPLY Introduction Lawrence Pinkins, Sr. v. Cardinal Wholesale Supply, Inc. and Zurich American...

Solidary Liability of Original Tortfeasor for Subsequent Injuries: Younger v. Marshall Industries

Date: May 25, 1993

Solidary Liability of Original Tortfeasor for Subsequent Injuries: Younger v. Marshall Industries Introduction The case of YOUNGER v. MARSHALL INDUSTRIES, INC., adjudicated by the Supreme Court of...

Distinct Prescriptive Periods for Survival and Wrongful Death Actions in Louisiana Medical Malpractice Cases

Date: May 25, 1993

Distinct Prescriptive Periods for Survival and Wrongful Death Actions in Louisiana Medical Malpractice Cases Introduction The case of Frank H. Taylor, et al. v. Dr. William R. Giddens and Dr. Jack E....

Lloyd's of London Liability Coverage Clarified in Louisiana Maintenance Services v. Lloyd's

Date: May 14, 1993

Lloyd's of London Liability Coverage Clarified in Louisiana Maintenance Services, Inc. v. Lloyd's Introduction The case of Louisiana Maintenance Services, Inc. v. Certain Underwriters at Lloyd's of...

TOUCHARD v. WILLIAMS: Capping Solidary Liability at 50% Under Louisiana Civil Code Article 2324(B)

Date: May 14, 1993

TOUCHARD v. WILLIAMS: Capping Solidary Liability at 50% Under Louisiana Civil Code Article 2324(B) Introduction TOUCHARD v. WILLIAMS, 617 So. 2d 885 (La. 1993), is a landmark case decided by the...

Louisiana Supreme Court Upholds Trial Court's Findings on Roadway Defect and DOTD's Notice

Date: Apr 13, 1993

Louisiana Supreme Court Upholds Trial Court's Findings on Roadway Defect and DOTD's Notice Introduction The case of Shirley Stobart and Edward Stobart v. State of Louisiana, through Department of...

Louisiana Supreme Court Establishes Guidelines for Partial Judgments on Exceptions of No Cause of Action

Date: Apr 13, 1993

Louisiana Supreme Court Establishes Guidelines for Partial Judgments on Exceptions of No Cause of Action Introduction In the landmark case of Everything on Wheels Subaru, Inc. v. Subaru South, Inc.,...

Affidavit of Correctness Insufficient Alone to Confirm Default Judgment in Open Account Suits: Analysis of SESSIONS FISHMAN v. LIQUID AIR Corporation

Date: Apr 13, 1993

Affidavit of Correctness Insufficient Alone to Confirm Default Judgment in Open Account Suits: Analysis of SESSIONS FISHMAN v. LIQUID AIR Corporation Introduction SESSIONS FISHMAN v. LIQUID AIR...

Contra Non Valentem Doctrine Extended to Protect Unemancipated Minors Under State Custody in Prescriptive Civil Actions

Date: Apr 13, 1993

Contra Non Valentem Doctrine Extended to Protect Unemancipated Minors Under State Custody in Prescriptive Civil Actions Introduction In Josephine Bouterie v. Barbara A. Crane, and the City of Kenner...

Duty to Warn of Inherent Dangers in Public Navigation Routes Established in Faucheaux v. Terrebonne Consolidated Government

Date: Mar 26, 1993

Duty to Warn of Inherent Dangers in Public Navigation Routes Established in Faucheaux v. Terrebonne Consolidated Government Introduction Case: Faucheaux v. Terrebonne Consolidated Government, et al....

Supreme Court of Louisiana Revamps Lessor Liability: Potter v. First Federal Savings and Loan Association of Scotlandville

Date: Feb 23, 1993

Supreme Court of Louisiana Revamps Lessor Liability: Potter v. First Federal Savings and Loan Association of Scotlandville Introduction Adiana Kathleen Potter v. First Federal Savings and Loan...

Prescription Period in Insurance Agent Liability: ROGER v. DUFRENE et al.

Date: Feb 23, 1993

Prescription Period in Insurance Agent Liability: ROGER v. DUFRENE et al. Introduction The case Deborah Roger, Wife of/and Robert Roger, Sr. v. Korey J. Dufrene, State Farm Mutual Automobile...

Interpreting "With Respect To" in Landlord Premises Liability Insurance: SMITH v. MATTHEWS

Date: Feb 19, 1993

Interpreting "With Respect To" in Landlord Premises Liability Insurance: SMITH v. MATTHEWS Introduction Frederick Smith, Jr. v. Lyndon S. Matthews, et al., 611 So. 2d 1377 (Supreme Court of...

Prospective Application of Substantive Amendments in Louisiana Workers' Compensation Law

Date: Feb 5, 1993

Prospective Application of Substantive Amendments in Louisiana Workers' Compensation Law Introduction The case of St. Paul Fire Marine Insurance Company v. E.R. Smith, Jr. d/b/a E.R. Smith Electrical...

Rejection of Uninsured Motorist Coverage Requires Meaningful Selection: Analysis of Terrie TUGWELL v. STATE FARM INS. CO.

Date: Jan 29, 1993

Rejection of Uninsured Motorist Coverage Requires Meaningful Selection: Analysis of Terrie TUGWELL v. STATE FARM INS. CO. Introduction Terrie TUGWELL v. STATE FARM INS. CO. Zurich Ins. Co., 609 So.2d...

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