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| A & B Bolt & Supply, Inc. v. Dawes, CA 06-1003,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, January 17, 2007, Opinion Delivered
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Overview: Summary judgment was improperly granted to a former employee and his new company in a breach of contract case filed by a former employer because the clear terms of a noncompete agreement prohibited the employee from competing for one year after the contract expired, despite the fact that the employee continued working after that date.
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| Becker v. Keasler, NO. 2005-CA-1479,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 17, 2007, Decided
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Overview: Award for dog bit was affirmed because the owner was strictly liable to the claimant for her injuries under La. Civ. Code Ann. art. 2321, when the claimant did not provoke the dog, the fence was only four and one-half feet tall and had six-inch gaps between its bars, and the dog had a history of aggression toward individuals passing-by.
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| Colvin v. La. Patients' Comp. Fund Oversight Bd., No. 2006-CC-1104,
SUPREME COURT OF LOUISIANA, January 17, 2007, Decided
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Overview: Under La. Rev. Stat. Ann. § 13:5104(A), venue for the family members' suits against the Louisiana Patient's Compensation Fund Oversight Board was not proper in Bossier Parish, where the members were domiciled, but was only proper in East Baton Rouge Parish, where the operative facts occurred which supported their entitlement to recovery.
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| Detraz v. Lee, NO. 05-C-1263,
SUPREME COURT OF LOUISIANA, January 17, 2007, Decided
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Overview: Court of appeal erred in reversing jury's verdict that found nail salon was negligent but its negligence had not caused client's infection; inter alia, both treating dermatologists testified there was no way to determine cause of the staph infection and reversal was based on testimony of plastic surgeon who had never seen or treated the infection.
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| Eagle Water, Inc. v. La. PSC, NO. 06-CA-1899,
SUPREME COURT OF LOUISIANA, January 17, 2007, Decided
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Overview: There was no error in the district court's decision that the Louisiana Public Service Commission's denial of the rate increase was arbitrary and capricious, because there existed factors such as added public regulations, needed repairs or renovations, or the acquisition of additional utility systems, to support a rate increase request.
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| In re Shortess, NO. 06-B-1580,
SUPREME COURT OF LOUISIANA, January 17, 2007, Decided
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Overview: Attorney was permanently disbarred for violating numerous provisions including La. St. Bar art. XVI, R. 1.15 and 8.4, for committing several acts of professional misconduct, including forgery, deceit, and misrepresentation, the most serious of which was the conversion of funds belonging to at least 14 clients and an unknown number of third parties.
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| Moore v. Dep't of Police, NO. 2006-CA-1217,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 17, 2007, Decided
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Overview: In a former police department employee's challenge to the department's notation in his personnel file that he had "resigned under investigation," since the employee was not seeking to be re-employed and voluntarily resigned, the civil service commission no longer had jurisdiction pursuant to La. Const. art. X, § 10.
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| New Orleans Redevelopment Auth. v. Pittman, NO. 2005-CA-1002,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 17, 2007, Decided
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Overview: From a judgment granting the redevelopment authority's petition for expropriation of the record owner's properties, denial of the owner's petition to annul judgment was proper as the order fixing the trial date was served on the owner and the trial date was not required to be separately referred to in the La. Rev. Stat. Ann. § 19:5 citation/notice.
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| State v. Anderson, NO. 2006-KA-1031,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 17, 2007, Decided
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Overview: There was no abuse of discretion in denying defendant's motion to suppress because defendant did not contest that the officers had probable cause to believe that there was contraband in the truck and there was nothing in the record to indicate that the truck was not readily mobile, permitting a warrantless search under the automobile exception.
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