Louisiana Case Commentaries

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...

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

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

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

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

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

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

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

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

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

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.

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...