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  • Commentaries
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Louisiana Case Commentaries

Strict Liability in Medical Facilities: Reevaluating the Scope of Louisiana's Medical Malpractice Act

Strict Liability in Medical Facilities: Reevaluating the Scope of Louisiana's Medical Malpractice Act

Date: May 27, 1992
Strict Liability in Medical Facilities: Reevaluating the Scope of Louisiana's Medical Malpractice Act Introduction The case of Gordon D. Sewell, ET UX v. Doctors Hospital examines the boundaries of...
Reconciliation of Conflicting Penal Provisions and the Rule of Lenity: State of Louisiana v. Fred Piazza

Reconciliation of Conflicting Penal Provisions and the Rule of Lenity: State of Louisiana v. Fred Piazza

Date: May 1, 1992
Reconciliation of Conflicting Penal Provisions and the Rule of Lenity: State of Louisiana v. Fred Piazza Introduction State of Louisiana v. Fred Piazza (596 So. 2d 817), adjudicated by the Supreme...
Reasonableness of Attorney Fees in Expropriation: STATE OF LOUISIANA v. NELL CARTER RAMAGE WILLIAMSON

Reasonableness of Attorney Fees in Expropriation: STATE OF LOUISIANA v. NELL CARTER RAMAGE WILLIAMSON

Date: Apr 21, 1992
Reasonableness of Attorney Fees in Expropriation: STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT v. NELL CARTER RAMAGE WILLIAMSON, ET AL. Introduction The case of State of...
Louisiana Supreme Court Establishes Criteria for Recovery of Mental Anguish Damages in Redhibition Actions: IRAY YOUNG v. FORD MOTOR COMPANY

Louisiana Supreme Court Establishes Criteria for Recovery of Mental Anguish Damages in Redhibition Actions: IRAY YOUNG v. FORD MOTOR COMPANY

Date: Mar 3, 1992
Louisiana Supreme Court Establishes Criteria for Recovery of Mental Anguish Damages in Redhibition Actions: IRAY YOUNG v. FORD MOTOR COMPANY Introduction In the landmark case of IRAY YOUNG v. FORD...
Reversing Conviction Due to Unreliable Single-Photograph Identification: STATE OF LOUISIANA v. BRIAN MARTIN

Reversing Conviction Due to Unreliable Single-Photograph Identification: STATE OF LOUISIANA v. BRIAN MARTIN

Date: Mar 3, 1992
Reversing Conviction Due to Unreliable Single-Photograph Identification: STATE OF LOUISIANA v. BRIAN MARTIN Introduction STATE OF LOUISIANA v. BRIAN MARTIN, decided on March 2, 1992, by the Supreme...
Admissibility of Similar Offenses Evidence: Insights from STATE v. MOSBY

Admissibility of Similar Offenses Evidence: Insights from STATE v. MOSBY

Date: Mar 3, 1992
Admissibility of Similar Offenses Evidence: Insights from State of Louisiana v. James K. Mosby Introduction The case of State of Louisiana v. James K. Mosby (595 So.2d 1135) presents a critical...
Attorney's Acknowledgment of Liability Interrupts Prescription in Legal Malpractice Actions

Attorney's Acknowledgment of Liability Interrupts Prescription in Legal Malpractice Actions

Date: Mar 3, 1992
Attorney's Acknowledgment of Liability Interrupts Prescription in Legal Malpractice Actions Introduction The case of Jose E. Lima and Andrea K. Lima v. Jonathan R. Schmidt (595 So. 2d 624)...
Unconstitutionality of Municipal Sales Taxes Exceeding Constitutional Limits Without Legislative or Voter Approval: Triangle Shell v. City of New Orleans

Unconstitutionality of Municipal Sales Taxes Exceeding Constitutional Limits Without Legislative or Voter Approval: Triangle Shell v. City of New Orleans

Date: Feb 21, 1992
Unconstitutionality of Municipal Sales Taxes Exceeding Constitutional Limits Without Legislative or Voter Approval Triangle Shell v. City of New Orleans Introduction The case of Arn Ray Reed, Jerry...
Supreme Court of Louisiana Reinforces Limited Liability of Shareholders: Piercing the Corporate Veil Requires Clear Evidence

Supreme Court of Louisiana Reinforces Limited Liability of Shareholders: Piercing the Corporate Veil Requires Clear Evidence

Date: Feb 7, 1992
Supreme Court of Louisiana Reinforces Limited Liability of Shareholders: Piercing the Corporate Veil Requires Clear Evidence Introduction The case of William S. Riggins and Patricia G. Riggins v....
Defining 'Borrowed' Automobile Under Liability Insurance: Schroeder v. Louisiana State University

Defining 'Borrowed' Automobile Under Liability Insurance: Schroeder v. Louisiana State University

Date: Feb 7, 1992
Defining 'Borrowed' Automobile Under Liability Insurance: Schroeder v. Louisiana State University Introduction The case of Rolf R. Schroeder, et al. v. Board of Supervisors of Louisiana State...
Prescription of Professional Malpractice Claims: Theo H. Harvey, Jr. v. Dixie Graphics, Inc. and Touche Ross Co.

Prescription of Professional Malpractice Claims: Theo H. Harvey, Jr. v. Dixie Graphics, Inc. and Touche Ross Co.

Date: Jan 18, 1992
Prescription of Professional Malpractice Claims: Theo H. Harvey, Jr. v. Dixie Graphics, Inc. and Touche Ross Co. Introduction The case of Theo H. Harvey, Jr. v. Dixie Graphics, Inc. and Touche Ross...
Supreme Court of Louisiana Establishes Rigorous Standards for Reviewing Work-Related Injury Claims in Bruno v. Harbert International Inc.

Supreme Court of Louisiana Establishes Rigorous Standards for Reviewing Work-Related Injury Claims in Bruno v. Harbert International Inc.

Date: Jan 18, 1992
Supreme Court of Louisiana Establishes Rigorous Standards for Reviewing Work-Related Injury Claims in Bruno v. Harbert International Inc. Introduction Bruno v. Harbert International Inc., Et Al. is a...
Establishing the Burden of Proof in Workers' Compensation: Nelson v. Roadway Express, Inc.

Establishing the Burden of Proof in Workers' Compensation: Nelson v. Roadway Express, Inc.

Date: Nov 22, 1991
Establishing the Burden of Proof in Workers' Compensation: Nelson v. Roadway Express, Inc. Introduction The case of Roosevelt Nelson v. Roadway Express, Inc. (588 So.2d 350) adjudicated by the...
Intentional Infliction of Emotional Distress in the Workplace: IRMA WHITE v. MONSANTO COMPANY

Intentional Infliction of Emotional Distress in the Workplace: IRMA WHITE v. MONSANTO COMPANY

Date: Oct 12, 1991
Intentional Infliction of Emotional Distress in the Workplace: Irma WHITE v. MONSANTO COmpany Introduction The case of Irma WHITE v. MONSANTO COmpany and Gary McDermott, adjudicated by the Supreme...
Establishing General Jurisdiction Over Foreign Corporations with Continuous and Systematic Contacts: Aguilera v. Wallem

Establishing General Jurisdiction Over Foreign Corporations with Continuous and Systematic Contacts: Aguilera v. Wallem

Date: Oct 11, 1991
Establishing General Jurisdiction Over Foreign Corporations with Continuous and Systematic Contacts: Aguilera v. Wallem Introduction Aguilera v. Wallem Shipmanagement, Ltd. is a landmark case decided...
Validation of Waiver of Counsel in Misdemeanor DWI Guilty Pleas

Validation of Waiver of Counsel in Misdemeanor DWI Guilty Pleas

Date: Sep 10, 1991
Validation of Waiver of Counsel in Misdemeanor DWI Guilty Pleas Introduction In the landmark case State of Louisiana v. Porter Allen Strain, 585 So. 2d 540 (La. 1991), the Supreme Court of Louisiana...
Real-Time Valuation of Community Pension Interests in Divorce: Insights from AUDREY COOGAN HODGINS HARE v. NORMAN F. HODGINS

Real-Time Valuation of Community Pension Interests in Divorce: Insights from AUDREY COOGAN HODGINS HARE v. NORMAN F. HODGINS

Date: Sep 10, 1991
Real-Time Valuation of Community Pension Interests in Divorce: Insights from AUDREY COOGAN HODGINS HARE v. NORMAN F. HODGINS Introduction The landmark case of AUDREY COOGAN HODGINS HARE v. NORMAN F....
Insured's Signature Insufficient for Uninsured Motorist Coverage Rejection: Thomas Henson v. Safeco Insurance Companies

Insured's Signature Insufficient for Uninsured Motorist Coverage Rejection: Thomas Henson v. Safeco Insurance Companies

Date: Sep 10, 1991
Insured's Signature Insufficient for Uninsured Motorist Coverage Rejection: Thomas Henson v. Safeco Insurance Companies Introduction The case of Thomas Henson v. Safeco Insurance Companies and...
Refining JNOV Standards and Fault Apportionment in Wrongful Death Cases: Analysis of ANDERSON v. NEW ORLEANS PUBLIC SERVice, Inc.

Refining JNOV Standards and Fault Apportionment in Wrongful Death Cases: Analysis of ANDERSON v. NEW ORLEANS PUBLIC SERVice, Inc.

Date: Jun 29, 1991
Refining JNOV Standards and Fault Apportionment in Wrongful Death Cases: Analysis of ANDERSON v. NEW ORLEANS PUBLIC SERVice, Inc. Introduction ANDERSON v. NEW ORLEANS PUBLIC SERVice, Inc. and Gerald...
Duty of Care in Highway Right-of-Way Maintenance: Casbon Oster v. Louisiana DOTD

Duty of Care in Highway Right-of-Way Maintenance: Casbon Oster v. Louisiana DOTD

Date: Jun 22, 1991
Duty of Care in Highway Right-of-Way Maintenance: Casbon Oster v. Louisiana DOTD Introduction In Casbon Oster v. Department of Transportation and Development, State of Louisiana, et al. (582 So. 2d...
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