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| Gerrets v. Gerrets, NO. 2006-CA-0087,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: Venue for stepmother's claims that decedent stepson breached his fiduciary duty in managing trust assets was mandatory in succession parish under La. Code Civ. Proc. Ann. art. 81(1), despite fact that earlier settlement contained a contractual forum selection clause, since claims were a personal action by an alleged creditor of the deceased.
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| Adams v. Harrah's Bossier City Inv. Co., L.L.C., No. 41,468-CW,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 10, 2007, Judgment Rendered
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Overview: Customer was erroneously arrested in casino after employees believed customer stole gambling chip. Casino's motion for summary judgment should have been granted in suit alleging negligence and false arrest because there was no genuine fact issue, as required to survive motion under La. Code Civ. Proc. Ann. art. 966, as to casino's good faith.
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| Bank One, Louisiana, N.A. v. Anioma Home Health Care Agencies, Inc., NO. 2006-CA-0071,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: Where an employer failed to make appropriate garnishment payments to a bank, it was improper to hold the employer liable for the full amount of the unpaid judgment with interest and costs because La. Code Civ. Proc. Ann. art. 2411 et seq., and La. Rev. Stat. Ann. § 13:3921 et seq., did not provide for such a penalty.
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| Beteta v. City of New Orleans, NO. 2006-CA-0972,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: Where an injured party allegedly tripped on a small metal hook imbedded in the concrete sidewalk adjacent to a gallery, under La. Civ. Code Ann. art. 2315, the gallery was entitled to summary judgment because the gallery had no duty to maintain the public sidewalk and there was no evidence that it installed, modified, or repaired the hook.
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| Boutte v. Dep't of Police, NO. 2006-CA-0859,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: A probationary police officer's appeal of a thirty-day suspension for allegedly being absent without leave after Hurricane Katrina was summarily dismissed because probationary employees did not have a right to appeal under La., Civ. Serv. Comm'n R. II, § 4.1, and the sixty-day prescription in La. Rev. Stat. Ann. § 40:2531 was not mandatory.
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| Cyprien v. Bd. of Supervisors, NO. 2005-CA-1247,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: Where a former employee asserted breach of contract and defamation claims against a university and an athletic director, venue was proper in Orleans Parish under La. Code Civ. Proc. Ann. art. 74 due to allegedly defamatory statements made by the athletic director in New Orleans over the telephone during an unemployment hearing.
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| Hampton v. Audubon Ins. Co., No. 41,833-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 10, 2007, Judgment Rendered
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Overview: Trial court properly granted the insurer's exception of prescription on the insured's suit for damages arising from a fire where, pursuant to La. Rev. Stat. Ann. § 22:691, insured did not show interruption of prescription on his claim for recovery. Under La. Rev. Stat. Ann. § 22:658, insured's claim for penalties and attorney fees had prescribed.
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| Holzenthal v. Sewerage & Water Bd., NO. 2006-CA-0796 CONSOLIDATED WITH: NO. 2006-CA-0797 CONSOLIDATED WITH: NO. 2006-CA-0798,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: A city sewerage and water board was liable under La. Const. art. I, § 4 and La. Civ. Code Ann. art. 667 for damages to owners' houses as a result of a drainage project that caused dewatering and vibration damages to the houses. The board monitored the project and failed to prevent or correct the problems despite receiving warnings and complaints.
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| Jackson v. La. Bd. of Review, No. 41,862-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 10, 2007, Judgment Rendered
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Overview: Denial of unemployment compensation benefits to the claimant was proper because, advising a resident that the claimant might know where drugs could be obtained, telling his sister-in-law that the resident wanted drugs, and then failing to tell the employer of that activity, collectively, was misconduct under La. Rev. Stat. Ann. § 23:1601(2).
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| Jackson v. Williams, No. 41,968-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 10, 2007, Judgment Rendered
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Overview: Naming of the father as the primary domiciliary parent of the parties' child was improper because the mother's allegations that the father was involved with drugs and that he had children outside his marriage were not refuted. The mother also stated that she would have called witnesses had she known that a hearing was to be held on the trial date.
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