Louisiana Case Commentaries

Affirmation of Home Rule Authority: City of New Orleans v. Board of Commissioners of the Orleans Levee District

Date: Jul 6, 1994

Affirmation of Home Rule Authority: City of New Orleans v. Board of Commissioners of the Orleans Levee District (640 So. 2d 237) Introduction The case of City of New Orleans v. Board of Commissioners...

Supreme Court Upholds Driver Negligence Allocation, Exonerates DOTD in THERIOT v. LASSEIGNE

Date: Jul 6, 1994

Supreme Court Upholds Driver Negligence Allocation, Exonerates DOTD in THERIOT v. LASSEIGNE Introduction The Supreme Court of Louisiana delivered a pivotal judgment in Theriot and Laura Theriot, et...

Establishing Legal Duty in Transmission of Sexually Transmitted Diseases: Meany v. Meany Commentary

Date: Jul 6, 1994

Establishing Legal Duty in Transmission of Sexually Transmitted Diseases: Meany v. Meany Commentary Introduction Case: Linda Forte Meany v. Lawrence G. Meany Court: Supreme Court of Louisiana Date:...

Defining the Scope of Employment: Vicarious Liability in Special Assignment Travel

Date: Jul 6, 1994

Defining the Scope of Employment: Vicarious Liability in Special Assignment Travel Introduction The case Ragan Orgeron, Individually and on Behalf of Her Minor Child, Jordan Robert Orgeron v. Joseph...

Revisiting Gross Negligence and Qualified Immunity in Emergency Medical Services: Insights from Ambrose v. NOPD Ambulance Service

Date: Jul 6, 1994

Revisiting Gross Negligence and Qualified Immunity in Emergency Medical Services: Insights from Ambrose v. NOPD Ambulance Service Introduction The case of Rosa Mae Ambrose, et al. v. New Orleans...

Exclusive Remedy Under Worker’s Compensation: Reaffirming Tort Liability for Independent Medical Malpractice

Date: Jul 6, 1994

Exclusive Remedy Under Worker’s Compensation: Reaffirming Tort Liability for Independent Medical Malpractice Introduction In the landmark case of James Wright v. State of Louisiana d/b/a Medical...

Supreme Court of Louisiana Reinforces Attorney Immunity in Malpractice Suits

Date: May 24, 1994

Supreme Court of Louisiana Reinforces Attorney Immunity in Malpractice Suits Introduction Ileana M. Santos Montalvo, et al. v. Brian Sondes, et al. is a pivotal case decided by the Supreme Court of...

Affirmation of Capital Murder Convictions: Admissibility and Impact of Video Evidence in State of Louisiana v. Percy Davis

Date: May 24, 1994

Affirmation of Capital Murder Convictions: Admissibility and Impact of Video Evidence in State of Louisiana v. Percy Davis Introduction State of Louisiana v. Percy Davis (637 So. 2d 1012) is a...

Revisiting Default Liability Judgments in Discovery Non-Compliance: Horton v. McCary

Date: Apr 12, 1994

Revisiting Default Liability Judgments in Discovery Non-Compliance: Horton v. McCary Introduction Horton v. McCary is a pivotal case adjudicated by the Supreme Court of Louisiana in 1994, involving a...

Application of Contra Non Valentem Doctrine in Prescriptive Period for Child Sexual Abuse: WIMBERLY v. GATCH

Date: Apr 12, 1994

Application of Contra Non Valentem Doctrine in Prescriptive Period for Child Sexual Abuse: WIMBERLY v. GATCH Introduction Case: Thomas Wimberly and Ruth Wimberly, Individually and on Behalf of Minor...

Affirmation of State's Rights Under the 1986 Uniform Disposition of Unclaimed Property Act

Date: Apr 12, 1994

Affirmation of State's Rights Under the 1986 Uniform Disposition of Unclaimed Property Act Introduction The case of Louisiana Health Service and Indemnity Company d/b/a Blue Cross and Blue Shield of...

Reynolds v. Select Properties: Clarifying Insurance Coverage in Self-Storage Liability

Date: Apr 12, 1994

Reynolds v. Select Properties: Clarifying Insurance Coverage in Self-Storage Liability Introduction Ron Reynolds v. Select Properties, Ltd., d/b/a Allsafe Mini Storage and Guaranty Income Life...

Third-Party Liability Confirmed: Insights from JOE J. ROBERTS v. SEWERAGE AND WATER BOARD OF NEW ORLEANS

Date: Mar 22, 1994

Third-Party Liability Confirmed: Insights from JOE J. ROBERTS v. SEWERAGE AND WATER BOARD OF NEW ORLEANS Introduction The Supreme Court of Louisiana's decision in JOE J. ROBERTS v. SEWERAGE AND WATER...

Supplemental Earnings Benefits and Disability Determination: Edward Smith v. Louisiana Department of Corrections

Date: Mar 1, 1994

Supplemental Earnings Benefits and Disability Determination: Edward Smith v. Louisiana Department of Corrections Introduction Edward Smith v. Louisiana Department of Corrections is a landmark case...

Establishing State Liability in Wrongful Death: MONROE RICK, SR. v. STATE OF LOUISIANA

Date: Feb 11, 1994

Establishing State Liability in Wrongful Death: MONROE RICK, SR. v. STATE OF LOUISIANA Introduction The case of MONROE RICK, SR., ET AL v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND...

Moak v. Illinois Central Railroad: Limiting 'Work Product' Exemption for Surveillance Films in Discovery

Date: Jan 15, 1994

Moak v. Illinois Central Railroad: Limiting 'Work Product' Exemption for Surveillance Films in Discovery Introduction Moak v. Illinois Central Railroad Company, 631 So. 2d 401 (La. 1994), adjudicated...

Supreme Court of Louisiana Sets Precedent for Retroactive Application of La.R.S. 22:1386 Amendments in Insurance Claims

Date: Jan 15, 1994

Supreme Court of Louisiana Sets Precedent for Retroactive Application of La.R.S. 22:1386 Amendments in Insurance Claims Introduction The Supreme Court of Louisiana, in the consolidated cases of...

Clarifying the Scope of Pre-Death Releases of Wrongful Death Claims: Brown v. Drillers, Inc.

Date: Jan 15, 1994

Clarifying the Scope of Pre-Death Releases of Wrongful Death Claims: Brown v. Drillers, Inc. Introduction Ruth Brown, Individually and on Behalf of Her Minor Daughter, Kimberly Lynn Brown v....

Presumption of Causation in Workers' Compensation: Insights from Peveto v. WHC Contractors

Date: Jan 15, 1994

Presumption of Causation in Workers' Compensation: Insights from Peveto v. WHC Contractors Introduction Peveto v. WHC Contractors, et al. is a landmark case decided by the Supreme Court of Louisiana...

Supreme Court of Louisiana Expands Interpretation of Temporary Total Disability Benefits in Workers' Compensation

Date: Jan 15, 1994

Supreme Court of Louisiana Expands Interpretation of Temporary Total Disability Benefits in Workers' Compensation Introduction Wilman Alexander v. Pellerin Marble Granite, 630 So.2d 706 (La. 1994),...