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| Bujol v. Entergy Servs., NO. 03-C-0492 c/w 03-C-0502,
SUPREME COURT OF LOUISIANA, January 19, 2006, Decided
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Overview: Preparation and dissemination of technical instruction document to the corporation's European subsidiaries, same containing information on barrier walls for certain valves (but not type which exploded), was more of a communication about safety than an "affirmative undertaking" required to assume a duty of safety per La. Rev. Stat. Ann. § 23:13.
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| Carter v. Duhe, No. 05-CC-0390,
SUPREME COURT OF LOUISIANA, January 19, 2006, Decided
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Overview: In new home owners' breach of contract and negligence suit against the builder alleging defects in the construction of their new home, the builder's failure to provide the owners written notice of the requirements of Louisiana's New Home Warranty Act, La. Rev. Stat. Ann. § 9:3141 et seq., at the time of closing did not render the Act inapplicable.
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| Giorgio v. Alliance Operating Corp., NO. 05-C-0002,
SUPREME COURT OF LOUISIANA, January 19, 2006, Decided
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Overview: State was not liable to boat owners who crashed into unlit orphaned oil platform in gulf because while regulations required platform to be lit, there was no specific duty requiring State to light structure. Under La. Civ. Code Ann. art. 493 upon the termination of lease, ownership of platform remained with the lessee.
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| Haney v. Davis, NO. 2004-CA-1716,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 19, 2006, Decided
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Overview: A nullity petition under La. Code Civ. Proc. Ann. art. 2004 was denied because an allegation of fraud during discovery was immaterial since a court had already determined that sellers of stock were not required to disclose financial projections to several purchasers under any circumstances.
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| In re Elloie, No. 2005-O-1499,
SUPREME COURT OF LOUISIANA, January 19, 2006, Decided
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Overview: A public censure against a judge was proper where he violated La. Code Jud. Conduct Canons 1 and 2(A) and where he engaged in willful misconduct relating to his official duty. He also engaged in conduct prejudicial to the administration of justice that brought the judicial office into disrepute pursuant to La. Const. art. V, § 25(C).
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| LeBlanc v. Aysenne, No. 2005-C-0297,
SUPREME COURT OF LOUISIANA, January 19, 2006, Decided
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Overview: Per a supplemental payment provision and application of La. Rev. Stat. Ann. § 22:1406, as to uninsured/underinsured carrier (UM) coverage, insurer was only required to pay interest on the policy limit of $ 100,000 from the date of judicial demand until paid and not on the entire excess judgment against other driver and her insurer of $ 1,144,344.
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| Savage v. Prator, No. 04-C-2904,
SUPREME COURT OF LOUISIANA, January 19, 2006, Decided
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Overview: In game clubs challenge to Caddo Parish, La., Ordinance No. 2432, § 4-14 prohibiting cockfighting, the supreme court held that because the ordinance did not contradict the state's animal cruelty statute, La. Rev. Stat. Ann. § 14:102.1, nor any other Louisiana constitutional or statutory provision, the ordinance was not unconstitutional.
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| State v. Hunter, NO. 2005-KA-0461,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 19, 2006, Decided
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Overview: Denial of motion to suppress was not error; given, inter alia, the area, defendant's reversal of direction on seeing officers, and his placing something in plastic under his foot, officers had reasonable suspicion to stop him under La. Code Crim. Proc. Ann. art. 215.1, and once he moved his foot and they saw cocaine inside bag, they could seize it.
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| State v. Scott, No. 04-KA-1312,
SUPREME COURT OF LOUISIANA, January 19, 2006, Decided
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Overview: Court did not err by substituting associate counsel, Sixth Amendment, where the relationship between lead counsel and associate counsel had deteriorated, they could not work together, lead counsel had filed all the necessary motions for the defense, and had "gone beyond the call of duty" in her representation.
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| State v. Sosa, No. 2005-K-0213,
SUPREME COURT OF LOUISIANA, January 19, 2006, Decided
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Overview: Testimony was controverted as to whether fire was intentional, but state's experts found fire was deliberate. Evidence was also controverted as to whether defendant gained financially. Where jury made credibility determinations and deduced that defendant set fire with intent to defraud, court of appeals erred in substituting its view of evidence.
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