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   State Courts - Louisiana - January 27, 2006

  
Nelson v. City of Shreveport, No. 40,494-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 27, 2006, Judgment Rendered
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Overview: Plaintiff was properly awarded damages in his suit against a police corporal and city where the corporal's act of striking him during investigatory stop constituted an excessive use of force. While plaintiff's reluctance to cooperate constituted some provocation, court erred in reducing his damage award pursuant to La. Civ. Code Ann. art. 2323(A).

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PTS Physical Therapy Serv. v. Magnolia Rehab. Serv., Nos. 40,558-CA, 40,559-CA (Consolidated Cases), COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 27, 2006, Judgment Rendered
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Overview: In eviction action, documents in record were not identified as exhibits for plaintiff; they were not authenticated, and no foundation was laid for admission. Nothing indicated that court took judicial notice of leases or other documents. Per La. Code Civ. Proc. Ann. art. 4701 and related sections, plaintiff did not make prima facie case.

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Pratt v. La. State Univ. Med. Ctr., NO. 40,476-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 27, 2006, Judgment Rendered
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Overview: Appellate court reversed the grant of defendants' exceptions of prescription and res judicata under La. Rev. Stat. Ann. § 9:5628 and La. Rev. Stat. Ann. § 13:4231 as to the patient's claim that she was treated rudely by defendants in April 2003 as the claims had not previously been litigated and were timely filed.

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Simmons v. Cain, NO. 2005-KP-0679, SUPREME COURT OF LOUISIANA, January 27, 2006, Decided
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State ex rel. Adams v. State, NO. 2005-KH-0699, SUPREME COURT OF LOUISIANA, January 27, 2006, Decided
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State ex rel. Anderson v. State, NO. 2005-KH-0735, SUPREME COURT OF LOUISIANA, January 27, 2006, Decided
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State ex rel. Ballard v. State, NO. 2005-KH-0807, SUPREME COURT OF LOUISIANA, January 27, 2006, Decided
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State ex rel. Brown v. State, NO. 2005-KH-0710, SUPREME COURT OF LOUISIANA, January 27, 2006, Decided
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State ex rel. Campbell v. State, 2004-KH-2401, SUPREME COURT OF LOUISIANA, January 27, 2006, Decided
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State ex rel. Compton v. State, NO. 2005-KH-0704, SUPREME COURT OF LOUISIANA, January 27, 2006, Decided
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