Louisiana Case Commentaries

Strict Products Liability Affirmed in Halphen v. Johns-Manville: Establishing Manufacturer Accountability Without Knowledge of Danger

Date: Apr 11, 1986

Strict Products Liability Affirmed in Halphen v. Johns-Manville: Establishing Manufacturer Accountability Without Knowledge of Danger Introduction In HALPHEN v. JOHNS-MANVILLE SALES CORPoration,...

Interpreting La.Rev.Stat. § 9:5628 as a Prescriptive Period in Medical Malpractice

Date: Apr 1, 1986

Interpreting La.Rev.Stat. § 9:5628 as a Prescriptive Period in Medical Malpractice Introduction The case of Herman Hebert and Lucy HEBERT v. DOCTORS MEMORIAL HOSPital (486 So. 2d 717) adjudicated by...

Guidelines for Attorney Mismanagement of Client Funds: Louisiana State Bar Association v. Hinrichs

Date: Apr 1, 1986

Guidelines for Attorney Mismanagement of Client Funds: Louisiana State Bar Association v. Hinrichs Introduction Louisiana State Bar Association v. Wilmer G. Hinrichs is a landmark case adjudicated by...

Defense Witness Immunity and Verdict Modification in Louisiana: Analysis of STATE OF LOUISIANA v. GUY A. LOMBARD

Date: Apr 1, 1986

Defense Witness Immunity and Verdict Modification in Louisiana: Analysis of STATE OF LOUISIANA v. GUY A. LOMBARD Introduction STATE OF LOUISIANA v. GUY A. LOMBARD, 486 So. 2d 106 (La. 1986), is a...

Louisiana Supreme Court Upholds Summary Judgment in Intentional Act Exception to Worker's Compensation

Date: Mar 21, 1986

Louisiana Supreme Court Upholds Summary Judgment in Intentional Act Exception to Worker's Compensation Introduction The case of Simoneaux and McCormick v. E.I. Du Pont de Nemours and Company, Inc....

Limits on Appellate Court's Correction of Illegally Lenient Sentences: STATE v. FRASER

Date: Feb 25, 1986

Limits on Appellate Court's Correction of Illegally Lenient Sentences: STATE v. FRASER Introduction State of Louisiana v. Byron Fraser, 484 So. 2d 122 (1986), adjudicated by the Supreme Court of...

Affirmation of Death Penalty and Upholding Procedural Standards in STATE OF LOUISIANA v. LESLIE LOWENFIELD

Date: Feb 7, 1986

Affirmation of Death Penalty and Upholding Procedural Standards in State of Louisiana v. Leslie Lowenfield Introduction State of Louisiana v. Leslie Lowenfield is a landmark decision by the Supreme...

Tandem Application of Firearm Enhancement Statutes in Louisiana: Insights from STATE OF LOUISIANA v. PATRICK HOGAN

Date: Dec 3, 1985

Tandem Application of Firearm Enhancement Statutes in Louisiana: Insights from STATE OF LOUISIANA v. PATRICK HOGAN Introduction In State of Louisiana v. Patrick Hogan, 480 So. 2d 288 (La. 1985), the...

Louisiana Supreme Court Establishes Distinction Between Vicarious Liability and Independent Negligence in Medical Malpractice Cases

Date: Oct 18, 1985

Louisiana Supreme Court Establishes Distinction Between Vicarious Liability and Independent Negligence in Medical Malpractice Cases Introduction The case of Henry A. Sibley, III Curator of Jane...

Presumption of Causation in Worker’s Compensation: Walton v. Normandy Village Homes Association

Date: Oct 11, 1985

Presumption of Causation in Worker’s Compensation: Walton v. Normandy Village Homes Association Introduction Walton v. Normandy Village Homes Association, Inc., et al. is a landmark 1985 decision by...

Conversion of Securities and Fiduciary Responsibility: Analyzing Quealy v. Paine Webber

Date: Oct 11, 1985

Conversion of Securities and Fiduciary Responsibility: Analyzing Quealy v. Paine Webber Introduction The case of William L. QUEALY v. PAINE, WEBBER, JACKSON Curtis, Inc., Donald S. Castrone, New...

Relation Back Doctrine in Amended Petitions: Giroir v. South Louisiana Medical Center

Date: Sep 11, 1985

Relation Back Doctrine in Amended Petitions: Giroir v. South Louisiana Medical Center Introduction The case of Roy Giroir, Individually and as Administrator of the Estate of Earline Giroir v. South...

Reinstatement of Appeal Rights: Insights from STATE OF LOUISIANA v. MARION COUNTERMAN

Date: Sep 11, 1985

Reinstatement of Appeal Rights: Insights from STATE OF LOUISIANA v. MARION COUNTERMAN Introduction The landmark case STATE OF LOUISIANA v. MARION COUNTERMAN, adjudicated by the Supreme Court of...

Duty of Insurers to Tender Reasonable General Damages in Underinsured Motorist Claims: McDill v. Utica Mutual Insurance Company

Date: Sep 11, 1985

Duty of Insurers to Tender Reasonable General Damages in Underinsured Motorist Claims: McDill v. Utica Mutual Insurance Company Introduction Stanley D. McDill v. Utica Mutual Insurance Company, 475...

Affirmation of First-Degree Murder Conviction: Analysis of Peremptory Challenge Reduction and Capital Sentencing Procedures in State of Louisiana v. Andrew Lee Jones

Date: Sep 10, 1985

Affirmation of First-Degree Murder Conviction: Analysis of Peremptory Challenge Reduction and Capital Sentencing Procedures in State of Louisiana v. Andrew Lee Jones Introduction The case of State of...

Establishing Comparative Negligence: Revisiting Fault Apportionment in ORA D. WATSON v. STATE FARM (1985)

Date: Jun 28, 1985

Establishing Comparative Negligence: Revisiting Fault Apportionment in ORA D. WATSON, ET AL. v. STATE FARM FIRE AND CASUALTY INSURANCE CO. (1985) Introduction The case of Ora D. Watson, et al. v....

Sufficiency of Evidence in Criminal Negligence: Insights from State of Louisiana v. Peggy Lilly

Date: May 15, 1985

Sufficiency of Evidence in Criminal Negligence: Insights from State of Louisiana v. Peggy Lilly Introduction The case of State of Louisiana v. Peggy Lilly, adjudicated by the Supreme Court of...

Affirmation of Second Degree Murder Conviction in Porretto Case: Standards for Sufficiency of Evidence and Admissibility of Testimony

Date: May 15, 1985

Affirmation of Second Degree Murder Conviction in Porretto Case: Standards for Sufficiency of Evidence and Admissibility of Testimony Introduction The case of State of Louisiana v. Jan J. Porretto...

Affirmation of First-Degree Murder Conviction and Death Sentence in State of Louisiana v. David Earl Wilson

Date: May 9, 1985

Affirmation of First-Degree Murder Conviction and Death Sentence in State of Louisiana v. David Earl Wilson Introduction State of Louisiana v. David Earl Wilson is a seminal case adjudicated by the...

Reevaluating Probable Cause: STATE v. RAHEEM Establishes Stringent Standards for Informant Reliability

Date: Feb 26, 1985

Reevaluating Probable Cause: State of Louisiana v. Raheem Establishes Stringent Standards for Informant Reliability Introduction The case of State of Louisiana v. Jameelah Malik Raheem and Tahir...