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  • Commentaries
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Louisiana Case Commentaries

Permanent Disbarment for Repeated Professional Misconduct: The Precedent Set in In re Ronnie Banks, Sr.

Permanent Disbarment for Repeated Professional Misconduct: The Precedent Set in In re Ronnie Banks, Sr.

Date: Oct 3, 2009
Permanent Disbarment for Repeated Professional Misconduct: The Precedent Set in In re Ronnie Banks, Sr. Introduction The case of In re Ronnie Banks, Sr. (18 So. 3d 57) adjudicated by the Supreme...
Mesothelioma Exclusion Under Pre-1975 Louisiana Workers' Compensation Act

Mesothelioma Exclusion Under Pre-1975 Louisiana Workers' Compensation Act

Date: Sep 5, 2009
Mesothelioma Exclusion Under Pre-1975 Louisiana Workers' Compensation Act Introduction The case of Ray F. Rando v. Anco Insulations Inc., et al. (16 So. 3d 1065) adjudicated by the Supreme Court of...
Supreme Court of Louisiana Reaffirms Juror Discretion in Assessing Damages: Guillory v. Lee et al.

Supreme Court of Louisiana Reaffirms Juror Discretion in Assessing Damages: Guillory v. Lee et al.

Date: Sep 5, 2009
Supreme Court of Louisiana Reaffirms Juror Discretion in Assessing Damages: Guillory v. Lee et al. Introduction In the landmark case of Byron P. Guillory v. Jennifer D. Lee, et al., adjudicated by...
Unconditional Payment as Tacit Acknowledgment: Marco Demma, III v. Automobile Club Inter-Insurance Exchange

Unconditional Payment as Tacit Acknowledgment: Marco Demma, III v. Automobile Club Inter-Insurance Exchange

Date: Jun 27, 2009
Unconditional Payment as Tacit Acknowledgment: Marco Demma, III v. Automobile Club Inter-Insurance Exchange Introduction Marco Demma, III v. Automobile Club Inter-Insurance Exchange is a landmark...
Solidary Obligations Override Collateral Source Rule in Uninsured Motorist Coverage: Cutsinger v. Redfern

Solidary Obligations Override Collateral Source Rule in Uninsured Motorist Coverage: Cutsinger v. Redfern

Date: May 23, 2009
Solidary Obligations Override Collateral Source Rule in Uninsured Motorist Coverage: Cutsinger v. Redfern Introduction In the landmark case Mary Cutsinger v. Laura Redfern, Usagencies Casualty...
Reinforcement of Prima Facie Requirements for Confirming Default Judgments Against Insurance Carriers: Arias v. Stolthaven

Reinforcement of Prima Facie Requirements for Confirming Default Judgments Against Insurance Carriers: Arias v. Stolthaven

Date: May 6, 2009
Reinforcement of Prima Facie Requirements for Confirming Default Judgments Against Insurance Carriers: Arias v. Stolthaven Introduction Arias v. Stolthaven New Orleans, L.L.C., et al., decided by the...
Louisiana Supreme Court Upholds Constitutionality of Article 782: Non-Unanimous Jury Verdicts in Felony Cases

Louisiana Supreme Court Upholds Constitutionality of Article 782: Non-Unanimous Jury Verdicts in Felony Cases

Date: Mar 18, 2009
Louisiana Supreme Court Upholds Constitutionality of Article 782: Non-Unanimous Jury Verdicts in Felony Cases Introduction In the consolidated cases of State of Louisiana v. Shannon McBride Bertrand...
Ensuring Statutory Compliance in Sentencing: Insights from State of Louisiana v. Geoffrey Eason

Ensuring Statutory Compliance in Sentencing: Insights from State of Louisiana v. Geoffrey Eason

Date: Feb 26, 2009
Ensuring Statutory Compliance in Sentencing: Insights from State of Louisiana v. Geoffrey Eason Introduction State of Louisiana v. Geoffrey Eason, 3 So. 3d 685 (2009), is a pivotal appellate court...
Affirmation of Death Sentence in State v. Holmes: Insights into Capital Punishment and Mitigating Factors

Affirmation of Death Sentence in State v. Holmes: Insights into Capital Punishment and Mitigating Factors

Date: Jan 31, 2009
Affirmation of Death Sentence in State v. Holmes: Insights into Capital Punishment and Mitigating Factors Introduction The case of State of Louisiana v. Brandy Aileen Holmes presents a significant...
Claims-Made Medical Malpractice Insurance and Statutory Compliance: Carl Hood v. Mark M. Cotter, M.D.

Claims-Made Medical Malpractice Insurance and Statutory Compliance: Carl Hood v. Mark M. Cotter, M.D.

Date: Jan 31, 2009
Claims-Made Medical Malpractice Insurance and Statutory Compliance: Carl Hood v. Mark M. Cotter, M.D. (5 So. 3d 819) Introduction Carl Hood v. Mark M. Cotter, M.D. is a pivotal 2009 decision by the...
Reinstating Conviction: Objective Evaluation of Guilty Knowledge in Possession of Stolen Property under La.R.S. 14:69

Reinstating Conviction: Objective Evaluation of Guilty Knowledge in Possession of Stolen Property under La.R.S. 14:69

Date: Jan 22, 2009
Reinstating Conviction: Objective Evaluation of Guilty Knowledge in Possession of Stolen Property under La.R.S. 14:69 Introduction The case of State of Louisiana v. Karen Marie Calloway (1 So. 3d...
State v. Dotie: Affirmation of Constructive Possession and Habitual Offender Enhancement in Louisiana Firearm Possession

State v. Dotie: Affirmation of Constructive Possession and Habitual Offender Enhancement in Louisiana Firearm Possession

Date: Jan 15, 2009
State v. Dotie: Affirmation of Constructive Possession and Habitual Offender Enhancement in Louisiana Firearm Possession Introduction In the appellate case of State of Louisiana v. Marcus Lamont...
Enforcement of Timely Payment Obligations for Undisputed Insurance Claims: Audubon Indemnity Co. v. Louisiana Bag Co.

Enforcement of Timely Payment Obligations for Undisputed Insurance Claims: Audubon Indemnity Co. v. Louisiana Bag Co.

Date: Dec 3, 2008
Enforcement of Timely Payment Obligations for Undisputed Insurance Claims: Audubon Indemnity Co. v. Louisiana Bag Co. Supreme Court of Louisiana Date: December 2, 2008 Introduction The case of...
State v. Anderson: Upholding Death Sentence Under Established Aggravating Factors and Jury Selection Standards

State v. Anderson: Upholding Death Sentence Under Established Aggravating Factors and Jury Selection Standards

Date: Nov 1, 2008
State v. Anderson: Upholding Death Sentence Under Established Aggravating Factors and Jury Selection Standards Introduction State of Louisiana v. Henry Joseph Anderson is a seminal case adjudicated...
Upheld Retroactive Application of Act 312 in Environmental Damage Claims

Upheld Retroactive Application of Act 312 in Environmental Damage Claims

Date: Sep 20, 2008
Upheld Retroactive Application of Act 312 in Environmental Damage Claims Introduction The case of M.J. Farms, Ltd. v. Exxon Mobil Corporation, et al. (998 So. 2d 16) revolved around a significant...
Affirmation of Peremptive Time Limitation in Louisiana Medical Malpractice Claims: Minos Borel, Sr. v. Dr. Clinton Young

Affirmation of Peremptive Time Limitation in Louisiana Medical Malpractice Claims: Minos Borel, Sr. v. Dr. Clinton Young

Date: Aug 30, 2008
Affirmation of Peremptive Time Limitation in Louisiana Medical Malpractice Claims: Minos Borel, Sr. v. Dr. Clinton Young Introduction The case of Minos Borel, Sr. et al. v. Dr. Clinton Young and...
Manifest Error Standard Affirmed for Jury Awards on Loss of Future Earning Capacity

Manifest Error Standard Affirmed for Jury Awards on Loss of Future Earning Capacity

Date: Aug 30, 2008
Manifest Error Standard Affirmed for Jury Awards on Loss of Future Earning Capacity Introduction In the case of Marcus Ryan v. Zurich American Insurance Company, et al., the Supreme Court of...
Interpretation of 'Flood' Exclusions and Retroactive Application of R.S.22:658 in Joseph Sher v. Lafayette Insurance

Interpretation of 'Flood' Exclusions and Retroactive Application of R.S.22:658 in Joseph Sher v. Lafayette Insurance

Date: Jul 8, 2008
Interpretation of 'Flood' Exclusions and Retroactive Application of R.S.22:658 in Joseph Sher v. Lafayette Insurance Company Introduction In the landmark case of Joseph Sher v. Lafayette Insurance...
Louisiana Supreme Court Establishes Strict Procedural Requirements for Constitutional Challenges in STATE v. Hatton

Louisiana Supreme Court Establishes Strict Procedural Requirements for Constitutional Challenges in STATE v. Hatton

Date: Jul 2, 2008
Louisiana Supreme Court Establishes Strict Procedural Requirements for Constitutional Challenges in STATE of Louisiana v. Ray Hatton Introduction In the landmark case of STATE of Louisiana v. Ray...
Supreme Court Reinforces Appellate Restraint in Jury Verdicts: A Landmark on Comparative Fault Allocation

Supreme Court Reinforces Appellate Restraint in Jury Verdicts: A Landmark on Comparative Fault Allocation

Date: Jun 28, 2008
Supreme Court Reinforces Appellate Restraint in Jury Verdicts: A Landmark on Comparative Fault Allocation Introduction The case of Larry and Rosie Adams v. Rhodia, Inc. and Exxon Mobil Corporation...
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