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| Beevers & Beevers L.L.P. v. Sirgo, NO. 06-CA-841,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2007, Decided
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Overview: Where a law firm sued a client on an open account, the parties specifically agreed that Jefferson Parish, Louisiana, would be the proper venue for any dispute arising from the representation. Enforcement of the forum selection clause was reasonable and just. Venue was proper in Jefferson Parish under La. Code Civ. Proc. Ann. art. 43.
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| Jinright v. Glass, NO. 06-CA-888,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2007, Decided
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Overview: An exception of prescription was granted in a medical malpractice case because a suit filed in an improper venue did not interrupt prescription under La. Civ. Code Ann. art. 3462 since no health care providers were served within the prescriptive period, a transfer did not interrupt prescription, and relation back did not apply after a dismissal.
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| Johnson v. Wal-Mart, NO. 06-CA-907,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2007, Decided
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Overview: Workers' compensation judge properly denied employee benefits because she failed to prove that her ongoing disability was causally related to injury at work, but rather was related to a prior spinal fusion she had undergone. Four doctors agreed that she was at maximum recovery for work accident.
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| Murray v. City of Harahan, NO. 06-CA-737,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2007, Decided
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Overview: In firefighters' suit against a city alleging its failure to enroll them in the firefighters' retirement system under La. Rev. Stat. Ann. § 11:2251 et seq. caused them to lose substantial retirement benefits, the trial court correctly granted the city's exception of prescription as their claim was prescribed by La. Civ. Code Ann. art. 3494.
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| Richardson v. Whitney Nat'l Bank, NO. 06-CA-803,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2007, Decided
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Overview: In a customer's action against his bank alleging the bank embezzled funds from his bank account, summary judgment in favor of the bank was proper as the customer offered nothing to support his claims that various documents the bank offered, including promissory notes, disclosure statements, and a disbursement authorization, were not authentic.
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| State v. Williams, NO. 06-KA-755,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2007, Decided
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Overview: As the State necessarily relied on speeding as an element of aggravated flight under La. Rev. Stat. Ann. § 14:108.1(D)(3), and as the evidence needed to prove the speeding element was the same evidence needed to prove the speeding offense of which defendant had already been convicted, the aggravated flight charge exposed him to double jeopardy.
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| Terrebonne v. Cheramie, NO. 06-CA-843,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2007, Decided
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Overview: A grant of summary judgment in favor of an insurer in an individual's action against the insured and her son was appropriate because the insurer's homeowners' policy did not cover the intentional act of the insured smashing the individual's face into the ground and engaging in a physical fight in general.
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| Warden v. Richoux, NO. 06-CA-702,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2007, Decided
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Overview: Due to evidence of prior malfunctions of a traffic light and claims that this had been reported to the Louisiana Department of Transportation and Development, summary judgment was improperly granted in a personal injury case because reasonable minds could have differed on the issue of constructive notice under La. Rev. Stat. Ann. § 9:2800.
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