Louisiana Case Commentaries

Rigorous Scrutiny of Racial Peremptory Challenges: A Comprehensive Analysis of STATE OF LOUISIANA v. CALVIN COLLIER

Date: Dec 12, 1989

Rigorous Scrutiny of Racial Peremptory Challenges: A Comprehensive Analysis of State of Louisiana v. Calvin Collier Introduction State of Louisiana v. Calvin Collier, 553 So.2d 815 (La. 1989), is a...

Subjective Intent in Insurance Exclusions: Breland v. Schilling

Date: Oct 24, 1989

Subjective Intent in Insurance Exclusions: Breland v. Schilling Introduction Breland v. Schilling, 550 So. 2d 609 (La. 1989), addresses the intricate interplay between insurance policy exclusions and...

Penalber v. Kirby Blount and Livingston Parish Police Jury: Establishing Attorney Liability for Intentional Wrongful Seizure of Public Assets

Date: Oct 24, 1989

Penalber v. Kirby Blount and Livingston Parish Police Jury: Establishing Attorney Liability for Intentional Wrongful Seizure of Public Assets Introduction Penalber v. Kirby Blount and Livingston...

Deference to Jury Fact-Finding in Negligence Claims: An Analysis of ROSELL v. ESCO

Date: Sep 13, 1989

Deference to Jury Fact-Finding in Negligence Claims: An Analysis of ROSELL v. ESCO Introduction The case of ROSELL v. ESCO, d/b/a Jolly Elevator Corporation, et al. (549 So. 2d 840) adjudicated by...

Re-defining Informed Consent: The HONDROULIS v. SCHUMACHER Decision and Its Implications

Date: Sep 12, 1989

Re-defining Informed Consent: The HONDROULIS v. SCHUMACHER Decision and Its Implications Introduction The case of Viola K. Hondroulis v. John Schumacher, M.D. and Hartford Fire Insurance Company...

Daigle v. Sherwin-Williams: Establishing the Application of Maximum Compensation Rates in Supplemental Earnings Benefits

Date: Sep 12, 1989

Daigle v. Sherwin-Williams: Establishing the Application of Maximum Compensation Rates in Supplemental Earnings Benefits Introduction The case of Michael T. DAIGLE v. SHERWIN-WILLIAMS COmpany,...

STATE v. LINDSEY: Clarifying Brady Obligations and Upholding Capital Sentencing Standards in Louisiana

Date: Jul 1, 1989

STATE v. LINDSEY: Clarifying Brady Obligations and Upholding Capital Sentencing Standards in Louisiana Introduction State of Louisiana v. Tyronne Lindsey, 543 So. 2d 886 (La. 1989), is a significant...

Contractor as Final Consumer: Sales Tax Liability in Government Projects – BILL ROBERTS, INC. v. McNAMARA

Date: Apr 28, 1989

Contractor as Final Consumer: Sales Tax Liability in Government Projects – BILL ROBERTS, INC. v. McNAMARA Introduction Bill Roberts, Inc. v. Shirley McNamara, Secretary, Dept. of Revenue and...

Prescription in Medical Malpractice: Whitnell v. Menville Establishes Opportunity to Amend Claims

Date: Mar 14, 1989

Prescription in Medical Malpractice: Whitnell v. Menville Establishes Opportunity to Amend Claims Introduction In the landmark case of Whitnell v. Menville (540 So. 2d 304, Supreme Court of...

Default Judgment Reversed Due to Unwaived Coverage: THIBODEAUX v. BURTON

Date: Mar 3, 1989

Default Judgment Reversed Due to Unwaived Coverage: THIBODEAUX v. BURTON Introduction THIBODEAUX v. BURTON is a pivotal case adjudicated by the Supreme Court of Louisiana on March 2, 1989. This case...

Louisiana Supreme Court Establishes Three-Year Prescription for Rent Arrearages in Breach of Lease Actions

Date: Jan 31, 1989

Louisiana Supreme Court Establishes Three-Year Prescription for Rent Arrearages in Breach of Lease Actions Introduction In the landmark case of Donald P. Starns, Receiver for Leasing Services, Inc....

Establishing Corporate Officers' Duty to Refrain from Unjustified Interference with Contractual Relations

Date: Jan 31, 1989

Establishing Corporate Officers' Duty to Refrain from Unjustified Interference with Contractual Relations Introduction The case of 9 To 5 Fashions, Inc. v. Petr L. Spurney (538 So. 2d 228)...

Louisiana Supreme Court Establishes Guidelines for Admissibility of Unadjudicated Crimes as Aggravating Circumstances in Sentencing

Date: Jan 31, 1989

Louisiana Supreme Court Establishes Guidelines for Admissibility of Unadjudicated Crimes as Aggravating Circumstances in Sentencing Introduction The case of State of Louisiana v. John Brooks (541...

Termination of Duty to Defend Upon Exhaustion of Policy Limits: Pareti v. Sentry Indemnity Co.

Date: Dec 13, 1988

Termination of Duty to Defend Upon Exhaustion of Policy Limits: Pareti v. Sentry Indemnity Co. Introduction Pareti and Pauli v. Sentry Indemnity Company (536 So. 2d 417) is a pivotal case adjudicated...

Copeland v. State: Upholding Death Penalty in Capital Murder Case

Date: Sep 23, 1988

Copeland v. State: Upholding Death Penalty in Capital Murder Case Introduction Copeland v. State is a landmark decision by the Supreme Court of Louisiana, adjudicated on September 22, 1988. The case...

Duty of Care in Medical Malpractice: Insights from PITRE v. OPELOUSAS GENERAL HOSPital

Date: Sep 13, 1988

Duty of Care in Medical Malpractice: Insights from PITRE v. OPELOUSAS GENERAL HOSPital Introduction PITRE v. OPELOUSAS GENERAL HOSPital is a landmark case adjudicated by the Supreme Court of...

Affirming Legislative Authority: Validation of the Louisiana Recovery District's Tax and Bond Powers

Date: Jun 28, 1988

Affirming Legislative Authority: Validation of the Louisiana Recovery District's Tax and Bond Powers Introduction In the landmark case THE BOARD OF DIRECTORS OF THE LOUISIANA RECOVERY DISTRICT v. ALL...

Public Records Doctrine Prevails Over Unrecorded Community Property Rights: Camel v. Waller Barber

Date: May 24, 1988

Public Records Doctrine Prevails Over Unrecorded Community Property Rights: Camel v. Waller Barber Introduction The Supreme Court of Louisiana's decision in Elizabeth Langley Camel v. Ellen H....

Affirming the "Loss of Chance" Standard in Medical Malpractice: Smith v. State of Louisiana

Date: Apr 12, 1988

Affirming the "Loss of Chance" Standard in Medical Malpractice: Smith v. State of Louisiana Introduction Smith v. State of Louisiana, 523 So. 2d 815 (La. 1988), is a landmark case in Louisiana's...

Affirmation of Reasonable Doubt Standard in Louisiana Criminal Appeals

Date: Apr 12, 1988

Affirmation of Reasonable Doubt Standard in Louisiana Criminal Appeals Introduction The case of State of Louisiana v. Edward Mussall (523 So. 2d 1305) presents a pivotal affirmation of the reasonable...