Louisiana Case Commentaries

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...

Solidary Obligations Between Employers and Third-Party Tort-Feasors: Interruption of Prescription in Worker’s Compensation Cases

Date: Jan 20, 1993

Solidary Obligations Between Employers and Third-Party Tort-Feasors: Interruption of Prescription in Worker’s Compensation Cases Introduction The case of SARAH L. WILLIAMS, Individually and as...

Due Process Violation in Acceptance of Guilty Pleas Without Mental Competency Hearing: STATE OF LOUISIANA v. FREDDIE JOE NOMEY

Date: Jan 20, 1993

Due Process Violation in Acceptance of Guilty Pleas Without Mental Competency Hearing: STATE OF LOUISIANA v. FREDDIE JOE NOMEY Introduction State of Louisiana v. Freddie Joe Nomey is a pivotal case...

Continuing Tort Doctrine and One-Year Prescription in Sexual Harassment Cases: Insights from Bustamento v. Johnson Controls

Date: Nov 26, 1992

Continuing Tort Doctrine and One-Year Prescription in Sexual Harassment Cases: Insights from Bustamento v. Johnson Controls Introduction Deretha Bustamento v. J.D. Tucker, Jeff Hall, Marc Iott, and...

Waiver of Venue by One Defendant Does Not Preclude Objections by Others: Insights from ALEX SPOTT v. OTIS ELEVATOR COMPANY

Date: Sep 4, 1992

Waiver of Venue by One Defendant Does Not Preclude Objections by Others: Insights from ALEX SPOTT v. OTIS ELEVATOR COMPANY Introduction ALEX SPOTT v. OTIS ELEVATOR COMPANY, ET AL., adjudicated by the...

Clarifying the Admissibility of Conspiracy-Related Statements and Withdrawal Requirements: Insights from STATE v. LOBATO

Date: Jul 2, 1992

Clarifying the Admissibility of Conspiracy-Related Statements and Withdrawal Requirements: Insights from STATE v. LOBATO Introduction In the landmark case State of Louisiana v. Daniel Lobato (603 So....

Integrity and False Affidavits: Louisiana Supreme Court's Stance in Boutall Case

Date: Jul 1, 1992

Integrity and False Affidavits: Louisiana Supreme Court's Stance in Boutall Case Introduction The case of Louisiana State Bar Association v. Richard J. Boutall, decided by the Louisiana Supreme Court...

Supreme Court of Louisiana Upholds Pre-Comparative Fault and Individual Virile Share Allocation in Asbestos Liability Cases

Date: Jul 1, 1992

Supreme Court of Louisiana Upholds Pre-Comparative Fault and Individual Virile Share Allocation in Asbestos Liability Cases Introduction The case of Outher Cole, et al. v. Celotex Corporation, et al....

Safeguarding the Confrontation Clause: Exclusion of Prejudicial Hearsay in Intent to Distribute Drug Cases

Date: Jun 30, 1992

Safeguarding the Confrontation Clause: Exclusion of Prejudicial Hearsay in Intent to Distribute Drug Cases Introduction State of Louisiana v. Ricky Darren Hearold (603 So. 2d 731) is a pivotal...

Louisiana Supreme Court Upholds Jury's Comparative Fault Allocation in Products Liability Case

Date: Jun 27, 1992

Louisiana Supreme Court Upholds Jury's Comparative Fault Allocation in Products Liability Case Introduction Godfrey COSSE v. ALLEN-BRADLEY COmpany, et al., 601 So. 2d 1349, is a landmark decision by...

Re-defining Employer Liability for Negligent Hiring and Vicarious Responsibility: Insights from ROBERTS v. BENOIT (1992)

Date: May 29, 1992

Re-defining Employer Liability for Negligent Hiring and Vicarious Responsibility: Insights from ROBERTS v. BENOIT (1992) Introduction ROBERTS v. BENOIT, et al. is a seminal case decided by the...

Enhancing Due Process: The Impact of Jury Instruction on Reasonable Doubt in STATE OF LOUISIANA v. CLARENCE SMITH AND ANTHONY SCIRE

Date: May 27, 1992

Enhancing Due Process: The Impact of Jury Instruction on Reasonable Doubt in STATE OF LOUISIANA v. CLARENCE SMITH AND ANTHONY SCIRE Introduction In the landmark case of State of Louisiana v. Clarence...

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