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   State Courts - Louisiana - February 8, 2006

  
Bah v. Cont'l Cas. Ins. Co., NO. 2005-CA-0499, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 8, 2006, Decided
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Overview: In a driver's suit after his car accident, summary judgment in favor of the other driver was proper as a genuine issue of material fact as to the other driver's duty under La. Rev. Stat. Ann. § 32:123 did not exist where the driver testified that there was nothing obstructing his view onto the highway and an officer cited him for failure to yield.

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Egle v. Egle, 05-0531, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 8, 2006, Opinion Rendered
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Overview: Because the trial court failed to dispose of the corporation's motion for JNOV or remittitur and alternative motion for a new trial, the order of appeal was premature under La. Code Civ. Proc. Ann. art. 2087(D) and La. Code Civ. Proc. Ann. art. 2123(C), as the trial court had not been divested of jurisdiction.

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In re Abadie, NO. 06-B-0123, SUPREME COURT OF LOUISIANA, February 8, 2006, Decided
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In re Green, NO. 2006-OB-0141, SUPREME COURT OF LOUISIANA, February 8, 2006, Decided
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In re Harris, NO. 2006-OB-0268, SUPREME COURT OF LOUISIANA, February 8, 2006, Decided
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Marks v. New Orleans Police Dep't, NO. 2005-CA-0307, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 8, 2006, Decided
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Overview: In a police officer's action challenging the Civil Service Commission's upholding of the police department's termination of his employment, as the department failed to conclude the investigation within the 60 days, and failed to request a 60-day extension pursuant to La. Rev. Stat. Ann. § 40:2531, the Commission's decision was reversed.

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Rapp v. Geico Indem. Co., NO. 2005-CA-0368, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 8, 2006, Decided
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Overview: In an insured's suit against his insurer for injuries sustained when a pedestrian ran out in front of his motorcycle, the trial court properly granted the insurer's motion for partial summary judgment as the insurer provided sufficient evidence to prove that the policy was mailed as required by La. Rev. Stat. Ann. §§ 22:628 and 22:634.

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Strother v. Cont'l Cas. Co., 05-1094, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 8, 2006, Opinion Rendered
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Overview: Where an insurer had not filed any bond, a motion to dismiss the suspensive appeal was not untimely if filed beyond the three day time period set forth in La. Code Civ. Proc. Ann. art. 2161; thus, the suspensive appeal had to be dismissed, but the appeal was maintained as devolutive.

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