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  • Commentaries
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Louisiana Case Commentaries

Louisiana Supreme Court Upholds Retroactive Application of La. C.C. Article 197 for Filiation in Succession Cases

Louisiana Supreme Court Upholds Retroactive Application of La. C.C. Article 197 for Filiation in Succession Cases

Date: Oct 22, 2022
Louisiana Supreme Court Upholds Retroactive Application of La. C.C. Article 197 for Filiation in Succession Cases Introduction In the case titled Succession of Rosalie Handy Lewis and John Charles...
Louisiana Supreme Court Establishes Ten-Year Prescription Period for Preferred Provider Organization Claims

Louisiana Supreme Court Establishes Ten-Year Prescription Period for Preferred Provider Organization Claims

Date: Oct 22, 2022
Louisiana Supreme Court Establishes Ten-Year Prescription Period for Preferred Provider Organization Claims Introduction In the landmark case of Wightman v. Ameritas Life Insurance Corporation;...
Clarity in Insurance Exclusions: Supreme Court of Louisiana Upholds CGL Policy Exclusion for Kidnapping-Induced Damages

Clarity in Insurance Exclusions: Supreme Court of Louisiana Upholds CGL Policy Exclusion for Kidnapping-Induced Damages

Date: Jun 30, 2022
Clarity in Insurance Exclusions: Supreme Court of Louisiana Upholds CGL Policy Exclusion for Kidnapping-Induced Damages Introduction The case Ali Kazan and Ebony Medlin Individually and on Behalf of...
Plaintiff May Pursue Employer's Direct Negligence Claims Concurrent with Vicarious Liability: Reginald Martin v. Thomas et al.

Plaintiff May Pursue Employer's Direct Negligence Claims Concurrent with Vicarious Liability: Reginald Martin v. Thomas et al.

Date: Jun 30, 2022
Plaintiff May Pursue Employer's Direct Negligence Claims Concurrent with Vicarious Liability: Reginald Martin v. Thomas et al. Introduction Reginald Martin v. Rodney Thomas, Greer Logging, LLC and...
Implied Acquittal and Double Jeopardy in Louisiana: STATE of Louisiana v. Ronald Gasser

Implied Acquittal and Double Jeopardy in Louisiana: STATE of Louisiana v. Ronald Gasser

Date: Jun 30, 2022
Implied Acquittal and Double Jeopardy in Louisiana: STATE of Louisiana v. Ronald Gasser Introduction In STATE of Louisiana v. Ronald Gasser, 346 So.3d 249 (La. 2022), the Supreme Court of Louisiana...
Strict Scrutiny Applied to Executive COVID-19 Orders in STATE OF LOUISIANA v. MARK ANTHONY SPELL

Strict Scrutiny Applied to Executive COVID-19 Orders in STATE OF LOUISIANA v. MARK ANTHONY SPELL

Date: May 14, 2022
Strict Scrutiny Applied to Executive COVID-19 Orders in STATE OF LOUISIANA v. MARK ANTHONY SPELL (339 So.3d 1125) Introduction The case of STATE OF LOUISIANA v. MARK ANTHONY SPELL addresses the...
Separation of Powers Enforced: LAC 46:XIII.1503 C Rule Declared Unconstitutional

Separation of Powers Enforced: LAC 46:XIII.1503 C Rule Declared Unconstitutional

Date: Mar 26, 2022
Separation of Powers Enforced: LAC 46:XIII.1503 C Rule Declared Unconstitutional Introduction The case of Westlawn Cemeteries, L.L.C. v. The Louisiana Cemetery Board (339 So. 3d 548) addresses a...
Recognition of Duty to Prevent Negligent Precipitation of Third-Party Crime and the Abrogation of Louisiana's Professional Rescuer’s Doctrine in Doe v. McKesson

Recognition of Duty to Prevent Negligent Precipitation of Third-Party Crime and the Abrogation of Louisiana's Professional Rescuer’s Doctrine in Doe v. McKesson

Date: Mar 26, 2022
Recognition of Duty to Prevent Negligent Precipitation of Third-Party Crime and the Abrogation of Louisiana's Professional Rescuer’s Doctrine in Doe v. McKesson Introduction The case of Officer John...
Reasonable Care Upheld in Premises Liability: Planchard v. New Hotel Monteleone

Reasonable Care Upheld in Premises Liability: Planchard v. New Hotel Monteleone

Date: Dec 11, 2021
Reasonable Care Upheld in Premises Liability: Planchard v. New Hotel Monteleone Introduction In the landmark case of Cindy Planchard v. New Hotel Monteleone, LLC, the Supreme Court of Louisiana...
Continuing Treatment Rule Not Applicable in Medical Malpractice Prescription Suspension

Continuing Treatment Rule Not Applicable in Medical Malpractice Prescription Suspension

Date: Dec 11, 2021
Continuing Treatment Rule Not Applicable in Medical Malpractice Prescription Suspension Introduction The case of Cheryl and Michael Mitchell v. Baton Rouge Orthopedic Clinic, L.L.C. and Robert W....
Strict Adherence to Filing Deadlines Under Louisiana Code of Civil Procedure article 966(B)(2)

Strict Adherence to Filing Deadlines Under Louisiana Code of Civil Procedure article 966(B)(2)

Date: Dec 11, 2021
Strict Adherence to Filing Deadlines Under Louisiana Code of Civil Procedure article 966(B)(2) Introduction In the case of Ann Marie Auricchio and Patrick Hogan v. Lynleigh J. Harriston (332 So. 3d...
Duty of Care and Comparative Fault: Insights from Malta v. Herbert S. Hiller Corporation

Duty of Care and Comparative Fault: Insights from Malta v. Herbert S. Hiller Corporation

Date: Dec 11, 2021
Duty of Care and Comparative Fault: Insights from Malta v. Herbert S. Hiller Corporation Introduction In the landmark case of Luigi Malta v. Herbert S. Hiller Corporation, decided by the Supreme...
Right to Limit Mitigating Evidence Presentation During Penalty Phase Requires Accurate Judicial Advisement

Right to Limit Mitigating Evidence Presentation During Penalty Phase Requires Accurate Judicial Advisement

Date: Oct 1, 2021
Right to Limit Mitigating Evidence Presentation During Penalty Phase Requires Accurate Judicial Advisement Introduction In the landmark case State of Louisiana v. David H. Brown, the Supreme Court of...
Timely Filing of Cost Bond Motions Under Louisiana R.S. 13:4522: Supreme Court Establishes Precedent Requiring Motions Before Pleadings

Timely Filing of Cost Bond Motions Under Louisiana R.S. 13:4522: Supreme Court Establishes Precedent Requiring Motions Before Pleadings

Date: Jul 1, 2021
Timely Filing of Cost Bond Motions Under Louisiana R.S. 13:4522: Supreme Court Establishes Precedent Requiring Motions Before Pleadings Introduction The case of Brenda Bergeron, Individually and on...
Affirmation of Uninsured Motorist Coverage Waiver Validity Under Successive Renewals

Affirmation of Uninsured Motorist Coverage Waiver Validity Under Successive Renewals

Date: Jul 1, 2021
Affirmation of Uninsured Motorist Coverage Waiver Validity Under Successive Renewals Introduction The case of Martin Baack and Brenda Baack v. Michael McIntosh, et al. (333 So. 3d 1206) adjudicated...
Abandonment of Legal Action in Multi-Defendant Cases: Insights from Williams v. Montgomery

Abandonment of Legal Action in Multi-Defendant Cases: Insights from Williams v. Montgomery

Date: May 14, 2021
Abandonment of Legal Action in Multi-Defendant Cases: Insights from Williams v. Montgomery Introduction The Supreme Court of Louisiana, in Williams v. Montgomery, Foremost Insurance Company, et al....
Establishing Domicile: Insights from STATE OF LOUISIANA v. JAMES BOURGEOIS

Establishing Domicile: Insights from STATE OF LOUISIANA v. JAMES BOURGEOIS

Date: May 14, 2021
Establishing Domicile: Insights from STATE OF LOUISIANA v. JAMES BOURGEOIS Introduction STATE OF LOUISIANA v. JAMES BOURGEOIS (320 So. 3d 1047) is a landmark decision by the Supreme Court of...
Cumulative Hearing Loss Excluded from Indemnity Benefits Under La. R.S. 23:1221(4)(p): Hartman v. St. Bernard Parish Fire Department & Fara

Cumulative Hearing Loss Excluded from Indemnity Benefits Under La. R.S. 23:1221(4)(p): Hartman v. St. Bernard Parish Fire Department & Fara

Date: Mar 25, 2021
Cumulative Hearing Loss Excluded from Indemnity Benefits Under La. R.S. 23:1221(4)(p): Hartman v. St. Bernard Parish Fire Department & Fara Introduction The case of James J. Hartman, Jr. v. St....
Miranda Protections Reinforced: Prohibition of Induced Confessions Through Death Penalty Threats in State of Louisiana v. Dennis Jerome Bartie

Miranda Protections Reinforced: Prohibition of Induced Confessions Through Death Penalty Threats in State of Louisiana v. Dennis Jerome Bartie

Date: Sep 10, 2020
Miranda Protections Reinforced: Prohibition of Induced Confessions Through Death Penalty Threats in State of Louisiana v. Dennis Jerome Bartie Introduction State of Louisiana v. Dennis Jerome Bartie,...
Online Marketplaces Not Classified as Dealers for Third-Party Sales under La. R.S. 47:301(4)(l)

Online Marketplaces Not Classified as Dealers for Third-Party Sales under La. R.S. 47:301(4)(l)

Date: Jan 30, 2020
Online Marketplaces Not Classified as Dealers for Third-Party Sales under La. R.S. 47:301(4)(l) Introduction In the landmark case of Newell Normand, Sheriff & Ex-Officio Tax Collector for the Parish...
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