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| Dominio v. Folger Coffee Co., NO. 2005-CA-0357,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 15, 2006, Decided
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Overview: In an employee's tort suit against a company where he was injured while working for his employer, summary judgment in favor of the company was improper as genuine issues of material fact existed as to whether his work was specialized, whether the company had personnel capable of performing the same work, and the nature of the employer's businesses.
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| Foley v. Entergy La., Inc., NO. 2004-CA-1967,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 15, 2006, Decided
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Overview: In a worker's action for injuries sustained when he was electrocuted by a utility's overhead power lines, the trial court erred in allocating 20 percent of the fault to the worker and only 35 percent of the fault to the utility as the utility knew that an electrocution had previously occurred in the same place, yet did nothing to fix the condition.
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| Gibson v. Herman, NO. 2004-CA-2204,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 15, 2006, Decided
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Overview: Partial summary judgment was properly awarded to a referring law firm and an acting law firm in clients' legal malpractice suit where claim was time barred under La. Rev. Stat. Ann. § 9:5605. Because clients filed their claim more than one year subsequent to acting firm's recommendation that they accept offer of settlement, the claim was preempted.
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| Gray v. State, 05-617,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 15, 2006, Opinion Rendered
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Overview: Trial court erred in dismissing an inmate's habeas corpus petition for failure to pursue administrative remedies, in violation of La. Rev. Stat. Ann. § 15:1184(A)(2), where a review of inmate's pleadings indicated that he never had the opportunity to adjudicate the merits of his claim for the return of his personal effects, including his law books.
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| Guidry v. Tarver Motor Co., 05-829,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 15, 2006, Opinion Rendered
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Overview: Although court did not err in granting summary judgment to car dealer on extended warranty claim as dealer's status as a mandatory was disclosed, action was more properly La. Civ. Code Ann. art. 2520 redhibition action as buyer claimed truck contained defect rendering it useless for its intended purpose and genuine issues existed as to that claim.
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| In re Slack, NO. 06-OB-0297,
SUPREME COURT OF LOUISIANA, February 15, 2006, Decided
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| LaBorde v. St. James Place Apts., NO. 2005 CA 0007,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 15, 2006, Judgment Rendered
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Overview: A finding that the tenant was 50 percent liable for damages sustained in a fall was proper where a reasonably prudent adult would have understood that it was more important to watch where one was running than to attempt to teach a cat that was tearing into her garbage a lesson.
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| Razor v. New Orleans Dep't of Police, NO. 2004-CA-2002,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 15, 2006, Decided
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Overview: Police department established existence of reasonable suspicion to order police officer to submit to drug test where officers found cocaine residue in glove compartment of his car. Because results of test were positive for cocaine, decision of civil service commission to sustain his termination was not arbitrary, capricious, or abuse of discretion.
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| Reuther v. Smith, NO. 2005-CA-0794,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 15, 2006, Decided
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Overview: Trial court erred in finding former corporate CEO in criminal contempt of a preliminary injunction and in failing to hold a trial and receive evidence in violation of 14th Amendment and La. Code Civ. Proc. Ann. art. 225, and inadmissible affidavits had failed to allege that the acts performed by CEO violated clear language of injunction as written.
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