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| Beauclaire v. Greenhouse, No. 2005-CA-0765,
SUPREME COURT OF LOUISIANA, February 22, 2006, Decided
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Overview: Because school board waived prohibition against civil jury trials under § 13:5105(D) by resolution passed prior to plaintiffs filing suit regarding vehicular accident with school bus driver, waiver was in effect prior to suit being filed. Thus both parties had equal access to jury trial, and there was no violation of equal protection clause.
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| Bennett v. Rapides Parish Sch. Bd., 05-803,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 22, 2006, Decided
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Overview: WCJ erred in including retirement benefits in the computation of the claimant's average weekly wage (AWW) and appellate court was not persuaded by claimant's argument that a portion of La. Rev. Stat. Ann. § 23:1021(12)(f) was meant to include retirement benefits; § 23:1021(12)(f) did not include mandatory retirement plans such as school board's.
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| Breeden v. Lybrand, NO. 2004-CA-1340,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 22, 2006, Decided
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Overview: In fee dispute, trial court properly ruled that agency relationship between attorney and clients was created because clients were named as parties in suit, they benefitted from matter's resolution, and they paid attorney from their joint account. Attorney followed procedure under La. Rev. Stat. Ann. § 9:2781(A), which was an Open Account Law.
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| Coutee v. Global Marine Drilling Co., No. 2005-C-0756,
SUPREME COURT OF LOUISIANA, February 22, 2006, Decided
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Overview: Court of appeal erred in reversing trial court's finding in a Jones Act, 46 U.S.C.S. app. § 688, case that 33 C.F.R. § 143.42 was not violated by use of 18-inch half-moon shaped platform without guardrails placed to improve working conditions aboard oil drilling vessel and thus, seaman failed to prove first element of negligence per se analysis.
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| Gautreaux v. K.A.S. Constr., L.L.C., WCW 05-1192,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 22, 2006, Opinion Rendered
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Overview: Under the clear language of La. Rev. Stat. Ann. § 23:1121(A), a workers' compensation claimant was required to submit to a functional capacity evaluation with a medical practitioner arranged by the employer; thus, the trial court did not err by granting the employer's motion to compel a functional capacity evaluation.
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| Hamilton v. Royal Int'l Petroleum Corp., NO. 05-C-846,
SUPREME COURT OF LOUISIANA, February 22, 2006, Decided
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Overview: Because § 41:2180A(1)(b) did not provide that a tax sale should be annulled if tax collector failed to give post-tax sale notice to taxpayer, appellate court's annulment of tax sale was error as post-tax sale notice was not constitutionally mandated, and did not concern opportunity to be heard; that time was prior to tax sale.
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| Hamp's Constr., L.L.C. v. City of New Orleans, No. 2005-C-0489,
SUPREME COURT OF LOUISIANA, February 22, 2006, Decided
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Overview: Any requirements stated in Public Bid Law, La. Rev. Stat. Ann. § 38:2211 et seq., advertisement for bids, or the bid form under La. Rev. Stat. Ann. § 38:2212A(1)(b) and a public entity's bid requirements could not be waived; a city erred in accepting one contractor's bid because that contractor failed to attach the invitation to bid to its bid.
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| Hill v. Lopez, NO. 2005 CA 0182,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 22, 2006, Judgment Rendered
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Overview: Reconventional demand was not served on buyers by sheriff as provided by La. Code Civ. Proc. Ann. art. 1063; to extent it was rendered in favor of sellers, summary judgment was nullity under La. Code Civ. Proc. Ann. art. 2002(A)(2). La. Code Civ. Proc. Ann. art. 1313(C) also required service by either registered or certified mail or by sheriff.
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| Imperial Chems., Ltd. v. PKB Scania (USA), Inc., NUMBER 2004 CA 2742,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 22, 2006, Judgment Rendered
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Overview: Sufficient evidence established oral contract with marine surveyor to perform "hold cleanliness inspection" of a hold before cargo was loaded and court did not err in finding surveyor did not properly perform its contractual obligation to cargo owner, insured, and in awarding damages and prejudgment interest to insurer for amounts paid to insured.
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| In re Boyett, No. 2004-OB-1079,
SUPREME COURT OF LOUISIANA, February 22, 2006, Decided
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Overview: A finding that petitioner was eligible to be admitted to the practice of law in Louisiana was appropriate because the commissioner had concluded that petitioner demonstrated sufficient evidence of rehabilitation and that he had the requisite character, maturity, and emotional make-up to be admitted to the bar.
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