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| Bremermann Mech., Inc. v. City of Kenner, NO. 06-CA-703,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: City of Kenner, Louisiana, had no authority under state law to impose an occupational license tax on the company, because although the company maintained a mailing address in Kenner and one of its registered agents and directors resided in Kenner, this was not sufficient evidence to deem Kenner the principal place of business for the company.
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| Butler v. Parish of Jefferson, NO. 06-CA-669,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: Claim for temporary total disability benefits was not prescribed based on an earlier diagnosis of coronary artery disease in a firefighter because the dispositive date was when he was determined to be disabled; the action was brought within the six-month and one-year time of that determination under La. Rev. Stat. Ann. §§ 23:1031.1(E), 23:1209(A).
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| Castillo v. Clerk of Court, NO. 06-CA-662 C/W 06-CA-663,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: Under circumstances judge did not err in denying jury request and thus inmate was not was denied trial by jury under La. Code Civ. Proc. Ann. arts. 1731 through 1814 as, inter alia, total amount demanded in damages in two petitions was $ 10,150,000 and exact specifics of the damages suffered as result of the claims were not alleged.
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| Luminais v. O.R.S.T. Inc., NO. 06-CA-749,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: A jury verdict in favor of a building owner was affirmed where, inter alia, the building owner's affidavits from prior litigation were properly excluded under La. Code Evid. Ann. arts. 801(D)(2) and 804 and the testimony about the individual's alcohol consumption supported the jury's finding that the tavern's stairs did not cause the accident.
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| Mitchell v. Kenner Reg'l Med. Ctr., NO. 06-CA-620,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: Summary judgment was properly awarded to a medical center in plaintiffs' medical malpractice action where the medical center had supported its motion for summary judgment with a copy of the opinion of a medical review panel and the affidavit of a member of the panel who reiterated his opinion as stated in the findings of the review panel.
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| Ponthier v. Manalla, NO. 06-CA-632,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: A trial court erred in finding an individual liable for negligent misrepresentation where even if he owed a duty to investigate the information supplied by a pay phone lessee, he had supplied the investors with the best information available to him. The individual also was not liable on the La. Rev. Stat. Ann. §§ 51:712 and 51:714 claims.
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| Pottinger v. New Orleans Heating & Cooling Specialists, Inc., NO. 06-CA-701,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: Homeowners' appeal of order granting heating and cooling company's exception of one-year prescription in negligence action was dismissed where judgment on exception of prescription dealt with less than all issues between parties; judgment was not designated as final by trial judge, as required for appeal under La. Code Civ. Proc. Ann. art. 1915(B).
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| State v. Bozeman, NO. 06-KA-679,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: Where defendant was charged with armed robbery, the trial court did not err in excluding testimony of defendant's expert in eyewitness identification under La. Code Evid. Ann. art. 702, because the testimony was being offered to challenge the credibility of the victim's identification; remand was necessary to correct the commitment.
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| State v. Coker, NO. 06-CA-735 c/w 06-CA-736,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 30, 2007, Decided
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Overview: Trial court erred by granting a motion to reconsider a prior order forfeiting bonds when defendant did not appear for trial because there was no such procedural vehicle; moreover, the motion was untimely under La. Rev. Stat. Ann. §§ 15:85, 15:87 and La. Code Crim. Proc. Ann. art. 345 where it was filed almost one year after mailing of the judgment.
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