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| Arias v. Certified Coating, Inc., NO. 05-CA-446,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: Fact that workers' compensation benefits claimant suffered work-related injury, including exposure to acrylonitrile, was supported by record; claimant's case did not rest solely on his testimony, and, while there might have been discrepancies in the testimony, there was testimony other than his, as well as medical reports, that supported his claim.
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| Callender v. Callender, NO. 05-CA-603,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: The wife's appeal under La. Code Civ. Proc. Ann. art. 2082 from a non-appealable judgment, assigning errors relating to a final judgment partitioning the parties' community property, was dismissed because she failed to identify what issues were being appealed and a second attempt to raise issues in relation to those judgments was improper.
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| Clement v. Blanchard, NO. 05-CA-531,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: The employer's petition to reduce workers' compensation benefits of the claimant and/or compel a medical examination failed to meet any of the criteria set forth in La. Rev. Stat. Ann. § 23:1314 and, therefore, should have been dismissed as premature rather than decided on substantive issues.
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| LeBlanc v. Walsh, NO. 05-CA-528,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: Damages under La. Civ. Code Ann. art. 2315.1 were properly awarded to plaintiffs in their medical malpractice suit against surgeon and hospital because it was clear that surgeon and hospital, through its nurse, deviated from standard of care required of them and that deviations were cause of patient's death after he underwent hernia repair surgery.
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| Lee v. Constar, Inc., NO. 05-CA-633,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: Plaintiffs, who were women, made prima facie showing of discrimination with new educational requirements for promotion to equipment operator, but defendant articulated a legitimate, neutral reason for establishing the policy, namely the use of more sophisticated equipment.
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| Ramsey's Mfg. Jewelers, Inc. v. Ramsey, NO. 05-CA-307,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: Court erred in finding family's surname was not protectable under trademark/trade name law and family jewelry store proved its registered trade names, all including family surname, had acquired secondary meaning entitling it to trade name protection and there would be confusion in the marketplace if brother was allowed to use family surname alone.
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| State v. Clark, NO. 05-KA-652,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: Defendant's conviction for armed robbery was proper where a detective was not a court official under La. Code Crim. Proc. Ann. art. 770, and there was no indication that the prosecutor was attempting to elicit other crimes evidence. The detective did not refer to any specific crime committed by defendant; he stated that defendant had a rap sheet.
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| State v. Doussan, NO. 05-KA-586,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: Defendant's conviction for possession of more than 60 pounds of marijuana was proper under the Fourth Amendment and La. Const. art. I, § 5 where officers had probable cause sufficient to justify a warrantless arrest when they entered defendant's studio because, in part, the confidential informant had purchased marijuana from defendant.
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| State v. Jolly, NO. 05-KA-672,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 14, 2006, Decided
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Overview: Defendant's conviction of simple damage to property over $ 500, a violation of La. Rev. Stat. Ann. § 14:56, was reversed because trial court could not have negated sufficiently reasonable alternative hypothesis that someone else scratched car as the only evidence on which to have found defendant was perpetrator was a videotape which was incomplete.
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