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  • Commentaries
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Louisiana Case Commentaries

RPDA Extends Remedies Beyond NHWA: Stutts v. Melton

RPDA Extends Remedies Beyond NHWA: Stutts v. Melton

Date: Dec 7, 2013
RPDA Extends Remedies Beyond NHWA: Stutts v. Melton Introduction Stutts v. Melton is a landmark decision by the Supreme Court of Louisiana that addresses the interplay between the New Home Warranty...
Clarifying QHCP Status under the Louisiana Medical Malpractice Act: Insights from Luther v. IOM Company LLC

Clarifying QHCP Status under the Louisiana Medical Malpractice Act: Insights from Luther v. IOM Company LLC

Date: Dec 7, 2013
Clarifying QHCP Status under the Louisiana Medical Malpractice Act: Insights from Luther v. IOM Company LLC Introduction The case of George T. Luther and Jamie C. Luther v. IOM Company LLC...
Louisiana Supreme Court Affirms Inexcusable Unilateral Error Doctrine in Mineral Lease Extensions

Louisiana Supreme Court Affirms Inexcusable Unilateral Error Doctrine in Mineral Lease Extensions

Date: Aug 31, 2013
Louisiana Supreme Court Affirms Inexcusable Unilateral Error Doctrine in Mineral Lease Extensions Introduction In the landmark case of Cynthia Fry Peironnet and Elizabeth Fry Franklin v. Matador...
Granger v. Christus Health Central Louisiana: Establishing Contractual Obligations in Peer Review Proceedings

Granger v. Christus Health Central Louisiana: Establishing Contractual Obligations in Peer Review Proceedings

Date: Aug 31, 2013
Granger v. Christus Health Central Louisiana: Establishing Contractual Obligations in Peer Review Proceedings Introduction In the landmark case of Tommie M. Granger, M.D. v. CHRISTUS Health Central...
Discovery Rule Rejected in Suspension of Statute of Limitations for Conversion Claims under Louisiana U.C.C.

Discovery Rule Rejected in Suspension of Statute of Limitations for Conversion Claims under Louisiana U.C.C.

Date: Jun 29, 2013
Discovery Rule Rejected in Suspension of Statute of Limitations for Conversion Claims under Louisiana U.C.C. Introduction In the landmark case of Specialized Loan Servicing, L.L.C. v. Donyelle...
Revisiting Custody Modification Standards: Insights from Mulkey v. Mulkey

Revisiting Custody Modification Standards: Insights from Mulkey v. Mulkey

Date: May 8, 2013
Revisiting Custody Modification Standards: Insights from Mulkey v. Mulkey Introduction Mulkey v. Mulkey, 118 So.3d 357 (La. 2013), adjudicated by the Supreme Court of Louisiana, delves into the...
Limiting the Scope of Joint Operating Agreements: Clovelly Oil Co. v. Midstates Petroleum Co.

Limiting the Scope of Joint Operating Agreements: Clovelly Oil Co. v. Midstates Petroleum Co.

Date: May 4, 2013
Limiting the Scope of Joint Operating Agreements: Clovelly Oil Co. v. Midstates Petroleum Co. Introduction The case of Clovelly Oil Co., LLC v. Midstates Petroleum Co., LLC, et al. (112 So. 3d 187)...
Louisiana Supreme Court Clarifies 'Unreasonable Risk of Harm' Standard in Premises Liability Cases

Louisiana Supreme Court Clarifies 'Unreasonable Risk of Harm' Standard in Premises Liability Cases

Date: Apr 6, 2013
Louisiana Supreme Court Clarifies 'Unreasonable Risk of Harm' Standard in Premises Liability Cases Introduction In the landmark case of Paul F. Broussard and Andrea V. Broussard v. State of...
State of Louisiana v. Michael Garcia: Affirmation of Capital Murder Conviction Amid Joint Representation Concerns

State of Louisiana v. Michael Garcia: Affirmation of Capital Murder Conviction Amid Joint Representation Concerns

Date: Jan 26, 2013
State of Louisiana v. Michael Garcia: Affirmation of Capital Murder Conviction Amid Joint Representation Concerns Introduction In State of Louisiana v. Michael Garcia, the Supreme Court of Louisiana...
Confidentiality of Victim Identity in Minor-Related Offenses: Insights from STATE of Louisiana v. R.W.B.

Confidentiality of Victim Identity in Minor-Related Offenses: Insights from STATE of Louisiana v. R.W.B.

Date: Dec 5, 2012
Confidentiality of Victim Identity in Minor-Related Offenses: Insights from STATE of Louisiana v. R.W.B. Introduction STATE of Louisiana v. R.W.B., 105 So. 3d 54 (La. 2012), is a pivotal case...
Establishing Standards for Insurance Agent Negligence and Limits on Mental Anguish Damages: Prest v. Louisiana Citizens Property Insurance Corp.

Establishing Standards for Insurance Agent Negligence and Limits on Mental Anguish Damages: Prest v. Louisiana Citizens Property Insurance Corp.

Date: Dec 5, 2012
Establishing Standards for Insurance Agent Negligence and Limits on Mental Anguish Damages: Prest v. Louisiana Citizens Property Insurance Corp. Introduction Parties Involved: Kirk E. Prest and...
Affirmation of Procedural Standards and the "Strike or Waive" Rule in Capital Sentencing: State v. Magee

Affirmation of Procedural Standards and the "Strike or Waive" Rule in Capital Sentencing: State v. Magee

Date: Dec 1, 2012
Affirmation of Procedural Standards and the "Strike or Waive" Rule in Capital Sentencing: State v. James C. Magee Introduction In the landmark case of State of Louisiana v. James C. Magee (103 So.3d...
Enforceability of Arbitration Clauses in Attorney-Client Retainers: Insights from Hodges v. Reasonover et al.

Enforceability of Arbitration Clauses in Attorney-Client Retainers: Insights from Hodges v. Reasonover et al.

Date: Sep 22, 2012
Enforceability of Arbitration Clauses in Attorney-Client Retainers: Insights from Hodges v. Reasonover et al. Introduction In the landmark case Jacqueline T. Hodges and HRC Solutions, Inc. v....
Extending Uninsured Motorist Coverage to Guest Passengers: Bernard v. Ellis

Extending Uninsured Motorist Coverage to Guest Passengers: Bernard v. Ellis

Date: Sep 22, 2012
Extending Uninsured Motorist Coverage to Guest Passengers: Bernard v. Ellis Introduction Bernard v. Ellis, 111 So. 3d 995 (La. 2012), adjudicated by the Supreme Court of Louisiana, addressed the...
Balancing Sentencing Discretion and Due Process: Insights from STATE of Louisiana v. Courtney Paul SAVOY

Balancing Sentencing Discretion and Due Process: Insights from STATE of Louisiana v. Courtney Paul SAVOY

Date: Jul 3, 2012
Balancing Sentencing Discretion and Due Process: Insights from STATE of Louisiana v. Courtney Paul SAVOY Introduction The case of STATE of Louisiana v. Courtney Paul Savoy, decided by the Supreme...
Due Process Requirements in Tax Sales: Louisiana Supreme Court Sets New Precedent in Smitko v. Gulf South Shrimp, Inc.

Due Process Requirements in Tax Sales: Louisiana Supreme Court Sets New Precedent in Smitko v. Gulf South Shrimp, Inc.

Date: Jul 3, 2012
Due Process Requirements in Tax Sales: Louisiana Supreme Court Sets New Precedent in Smitko v. Gulf South Shrimp, Inc. Introduction Smitko v. Gulf South Shrimp, Inc. is a landmark case decided by the...
Admissibility of Incomplete Perpetuated Depositions: Trascher v. Territo Sets New Precedent in Louisiana Evidence Law

Admissibility of Incomplete Perpetuated Depositions: Trascher v. Territo Sets New Precedent in Louisiana Evidence Law

Date: May 9, 2012
Admissibility of Incomplete Perpetuated Depositions: Trascher v. Territo Sets New Precedent in Louisiana Evidence Law Introduction The case of Joseph C. Trascher, et al. v. Peter Territo, et al. (89...
Arabie v. Citgo: Louisiana Supreme Court Clarifies Conflict of Laws Rules for Punitive Damages in Toxic Torts

Arabie v. Citgo: Louisiana Supreme Court Clarifies Conflict of Laws Rules for Punitive Damages in Toxic Torts

Date: May 5, 2012
Arabie v. Citgo: Louisiana Supreme Court Clarifies Conflict of Laws Rules for Punitive Damages in Toxic Torts Introduction The case of Craig Ste Arabie et al. v. Citgo Petroleum Corporation et al....
Louisiana Supreme Court Establishes $5,000 Penalty Ceiling for Insurers’ Untimely Loss Adjustment Initiation

Louisiana Supreme Court Establishes $5,000 Penalty Ceiling for Insurers’ Untimely Loss Adjustment Initiation

Date: Jan 21, 2012
Louisiana Supreme Court Establishes $5,000 Penalty Ceiling for Insurers’ Untimely Loss Adjustment Initiation Introduction In the landmark case of Geraldine Oubre and Linda Gentry on their Behalf, as...
Prescription as a Defense in False Arrest Claims: Supreme Court of Louisiana Reinstates District Court Judgment

Prescription as a Defense in False Arrest Claims: Supreme Court of Louisiana Reinstates District Court Judgment

Date: Oct 26, 2011
Prescription as a Defense in False Arrest Claims: Supreme Court of Louisiana Reinstates District Court Judgment Introduction In the landmark case Kirk Richard, et al. v. Kimberly Babin Richard, et...
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