Louisiana Case Commentaries

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

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

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

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

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

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

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

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)

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...

Prosecutorial Authority and Due Process: Insights from State of Louisiana v. Fred Reimonenq

Date: Oct 23, 2019

Prosecutorial Authority and Due Process: Insights from State of Louisiana v. Fred Reimonenq Introduction State of Louisiana v. Fred Reimonenq, 286 So.3d 412 (La. 2019), is a landmark case adjudicated...

Louisiana Supreme Court Declares La.R.S. 47:337.102(I) Unconstitutional: Protecting Voter-Approved Tax Dedications

Date: Oct 12, 2019

Louisiana Supreme Court Declares La.R.S. 47:337.102(I) Unconstitutional: Protecting Voter-Approved Tax Dedications Introduction In the landmark case of West Feliciana Parish Government, Plaquemines...

Re-Litigation Bar Under Strickland: Louisiana Supreme Court Denies Post-Conviction Relief in Reeves Case

Date: Oct 16, 2018

Re-Litigation Bar Under Strickland: Louisiana Supreme Court Denies Post-Conviction Relief in Reeves Case Introduction STATE OF LOUISIANA v. JASON M. REEVES, 254 So. 3d 665 (La. 2018), is a pivotal...

Affirmation of Death Sentence in State of Louisiana v. Jeffrey Clark: Upholding Established Legal Standards

Date: Dec 20, 2016

Affirmation of Death Sentence in State of Louisiana v. Jeffrey Clark: Upholding Established Legal Standards Introduction State of Louisiana v. Jeffrey Clark, 220 So.3d 583 (La. 2016), is a...

Defining the Scope of Errors Patent Review in Sentencing: Insights from State of Louisiana v. Kelly

Date: Jun 30, 2016

Defining the Scope of Errors Patent Review in Sentencing: Insights from State of Louisiana v. Kelly Introduction State of Louisiana v. Ashaki Okung Kelly (195 So. 3d 449) is a pivotal case...

Louisiana Supreme Court Affirms Tax Exemption for Vessel Reconstruction under La. R.S. 47:305.1(A)

Date: Mar 16, 2016

Louisiana Supreme Court Affirms Tax Exemption for Vessel Reconstruction under La. R.S. 47:305.1(A) Introduction In the landmark case of Coastal Drilling Company, L.L.C. v. Barry J. Dufrene, the...

Supreme Court Reinforces 'Manifest Error' Standard in Appellate Review of Mineral Royalty Cases

Date: Dec 9, 2015

Supreme Court Reinforces 'Manifest Error' Standard in Appellate Review of Mineral Royalty Cases Introduction The case of Hayes Fund for the First United Methodist Church of Welsh, LLC, et al. v....

Imposition of Standard Prosecution and Investigation Costs: Louisiana Supreme Court Upholds Cost Assessment under La.C.Cr.P. Articles 887(A) and 895.1(B)

Date: Oct 15, 2015

Imposition of Standard Prosecution and Investigation Costs: Louisiana Supreme Court Upholds Cost Assessment under La.C.Cr.P. Articles 887(A) and 895.1(B) Introduction The case of State of Louisiana...

Supreme Court of Louisiana Limits Professional Duty Exception to LLC Member Liability in Nunez v. Pinnacle Homes

Date: Oct 15, 2015

Supreme Court of Louisiana Limits Professional Duty Exception to LLC Member Liability in Nunez v. Pinnacle Homes Introduction The case of Jennifer Diane Nunez v. Pinnacle Homes, L.L.C. and Sua...

Supreme Court Clarifies Fraud Exception in Legal Malpractice Claims under La. R.S. 9:5605(E)

Date: Jul 1, 2015

Supreme Court Clarifies Fraud Exception in Legal Malpractice Claims under La. R.S. 9:5605(E) Introduction In the landmark case of Tracy Ray Lomont v. Michelle Myer–Bennett and XYZ Insurance Company,...

Louisiana Supreme Court Establishes Rigorous Standards for Granting New Trials Based on Witness Credibility

Date: Jul 1, 2015

Louisiana Supreme Court Establishes Rigorous Standards for Granting New Trials Based on Witness Credibility Introduction The case of State of Louisiana v. Derrick Maise et al., decided on June 30,...