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   State Courts - Louisiana - February 22, 2007

  
Bell v. Treasure Chest Casino, L.L.C., No. 2006-CC-1538, SUPREME COURT OF LOUISIANA, February 22, 2007, Decided
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Overview: Casino guest, who allegedly was injured by a pushcart operated by a casino employee, brought a person injury suit against casino. Trial court did not abuse discretion in ruling that casino was obligated to turnover surveillance tape because there was distinction between surveillance tape and tape made for impeachment purposes.

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Elliot v. Cont'l Cas. Co., No. 06-CC-1505, SUPREME COURT OF LOUISIANA, February 22, 2007, Decided
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Overview: Allegations contained within one attorney's pleadings filed against insured, also attorney, did not "trigger" legal malpractice insurer's duty to defend, as first attorney's claim that insured committed malpractice against third person did not fall within scope of protection provided by insurance contract. Summary judgment was granted for insurer.

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In re Brown, NO. 06-OB-0136, SUPREME COURT OF LOUISIANA, February 22, 2007, Decided
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Overview: Pursuant to La. Sup. Ct. R. XVII, § 9(B) and 5(E), petitioner failed to meet his burden of proving he had "good moral character" to be admitted to the Louisiana State Bar Association; the committee on bar admissions and commissioner opposed petitioner's application based on character and fitness concerns relating to his record of five DWI arrests.

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In re Ellender, NO. 06-B-1707, SUPREME COURT OF LOUISIANA, February 22, 2007, Decided
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In re Pharr, NO. 06-B-2283, SUPREME COURT OF LOUISIANA, February 22, 2007, Decided
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Overview: Attorney was suspended for 3 years for having violated La. St. Bar art. XVI, R. 1.1(a), 1.3, 1.5, 1.15, and 8.4(c); inter alia, he incompetently invested client's funds, failed to maintain complete financial records of funds, failed to provide client an accounting, and had not repaid all sums owing but had entered consent judgment to repay losses.

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Jack v. Alberto-Culver USA, Inc., NO. 06-C-1883, SUPREME COURT OF LOUISIANA, February 22, 2007, Decided
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Overview: Lower courts erred in finding in favor of the user of hair care product, a texturizer, in her failure to warn suit filed under Louisiana Product's Liability Act as, inter alia, although it did not include an instruction to perform "scalp test," 18 warnings and instructions given by manufacturer clearly satisfied La. Rev. Stat. Ann. § 9:2800.53(9).

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Naquin v. Lafayette City-Parish Consol. Gov't, No. 2006-C-2227, SUPREME COURT OF LOUISIANA, February 22, 2007, Decided
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Overview: Court of appeal erred by enjoining the issuance of bonds to construct and implement a city's telecommunications system because it found that the bond ordinance complied with the requirements of La. Rev. Stat. Ann. § 45:844.52, and thus, it had no reason to go further and assess whether the ordinance complied with La. Rev. Stat. Ann. § 45:844.53.

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Scheffler v. Adams & Reese, LLP, No. 06-CC-1774, SUPREME COURT OF LOUISIANA, February 22, 2007, Decided
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Overview: Court erred in denying law firm's peremptory exception of no cause of action as to breach of fiduciary duty; petition did not contain sufficient well-pleaded facts to establish existence of fiduciary relationship between co-counsel and no cause of action lay between co-counsel obligating them to protect one another's prospective interest in a fee.

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State v. Rose, No. 2006-K-0402, SUPREME COURT OF LOUISIANA, February 22, 2007, Decided
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Overview: On writ of certiorari, appellate court's decision that other crimes evidence, La. Code Evid. Ann. art. 404(B), was inadmissible was reversed as defendant's prior manslaughter conviction of his former wife and his second degree murder conviction of his latest wife were so distinctively similar that one could infer same person committed both crimes.

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State v. Warren, No. 05-KK-2248, SUPREME COURT OF LOUISIANA, February 22, 2007, Decided
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Overview: At time black duffel bag was opened, officers expected other occupants could return to motel room at anytime, and sought to avoid potential of a violent confrontation that could have caused injury to officers and public, or caused destruction of evidence. Thus, under Fourth Amendment, search of bag was permissible, based on exigent circumstances.

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