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| State v. White, 05-718,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Appellate court dismissed the State's appeal from the trial court's judgment that a father had overpaid his child support and was entitled to a credit, as the judgment was not precise, definite, and certain as it did not indicate what relief was granted or denied.
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| Succession of McKay, CA 05-603,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Trial court had not erred in finding pursuant to former La. Civ. Code Ann. art. 209, filiation claim of two men had prescribed because, at the time their petition was filed, one of them was 54 years old and the other was 36 years old and new La. Civ. Code Ann. art. 197 was not applicable, as it did not revive already-prescribed filiation claims.
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| Sullivan v. Petroleum Helicopters, Inc., WCA 05-933,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Court affirmed a ruling that employee did not violate La. Rev. Stat. Ann. § 23:1208 by wilfully making false statements in order to obtain workers' compensation benefits; although employee was involved in automobile accident five weeks before work related injury, medical records supported different kinds of pain attributable to different injuries.
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| Tidwell v. Premier Staffing, Inc., 05-500,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Court affirmed a judgment granting benefits to workers' compensation claimant. WCJ properly denied employer's exceptions of res judicata and no cause of action claiming that employer had been released by a settlement of a 1993 workers' compensation claim; there was no error in the WCJ's conclusion that the claimant suffered a new injury in 1999.
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| Trahan v. Teleflex, Inc., 05-943,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Manufacturer failed to carry burden of showing that bayou was not susceptible of being used in its natural and ordinary condition as highways for commerce, and its exception as to lack of maritime jurisdiction was properly denied. Further, substantial documentation and affidavits showed bayou was navigable. Partial summary judgment was proper.
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| Wall v. Avoyelles Corr. Ctr., 05-781,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Denial of award of penalties and attorney fees in connection with the allegation that the employer was late in paying indemnity benefits was affirmed because the claimant testified that before he was injured he received his checks bi-weekly, and after he was injured, he stilled received his checks bi-weekly.
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| Whitbeck v. Kay, 05-774,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Candidate's argument that she was entitled to recover all sums paid to consultant was without merit as there was no evidence to conclude that consultant failed to perform sufficiently during campaign's initial weeks. Valid contract existed between parties. Under La. Code Civ. Proc. Ann. art. 1920, consultant prevailed on claim for unpaid fees.
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| Williams v. La. Patients' Comp. Fund Oversight Bd., 05-782,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: No lapse existed in the enrollment of the doctor in the Patient's Healthcare Compensation Fund due to the late surcharge payment because the doctor's medical malpractice insurance policy continued during the time period, and no lapse in enrollment occurred when the underlying medical malpractice insurance policy continued without interruption.
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| Wischer v. New Orleans Police Dep't, NO. 2005-CA-0308,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 1, 2006, Decided
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Overview: When officer was terminated from police department for use of excessive force, Civil Service Commission did not clearly err in its decision because officer admitted he punched a detainee; Commission did not manifestly err in disallowing evidence of other police officers who committed battery.
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