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| Alexander v. Terra Nova Ins. Co., 06-1348,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Partial summary judgment was properly granted to an insured in a dispute over the cancellation of a homeowners' insurance policy because La. Rev. Stat. Ann. § 22:1150 applied where a second agent was acting on behalf of an insurer in collecting premiums; the delay was caused by the second agent's failure to notify a lender that payment was due.
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| Bass, Ltd. v. Gerald, 06-1125,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Court did not err in finding billboard company 1's lease of land owned by couple "valid and enforceable" and company 2's lease "void and unenforceable"; inter alia, while landowner wife's concurrence in lease was required by La. Civ. Code Ann. art. 2347 she ratified her husband's signing her name thereto as provided in La. Civ. Code Ann. art. 2353.
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| Brooks v. Madison Parish Serv. Dist. Hosp., NO. 41,957-WCA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 7, 2007, Judgment Rendered
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Overview: WCJ did not err in awarding claimant supplemental earnings benefits (SEB) pursuant to La. Rev. Stat. Ann. § 23:1221 because it was not manifestly erroneous to have accepted diagnosis and recommendation of second orthopedic surgeon who had examined claimant recently and opined claimant could return to work but only with wide variety of restrictions.
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| Brown v. Riverland Med. Ctr., 06-1449,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Summary judgment was properly granted in a medical malpractice case where a health care provider established that several heirs were unable to show a breach of care under La. Rev. Stat. Ann. § 9:2794; an expert's letter opposing summary judgment presented on the hearing day was not filed in a timely manner, and it was not in affidavit form.
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| Buxton v. Iowa Police Dep't, 06-1389,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Employee rebutted the presumption under La. Rev. Stat. Ann. § 23:1081 that he was intoxicated at the time his police unit was struck by a motorcycle because all of the witnesses, even those hostile to the employee, testified that he appeared normal after the accident and chief of police allowed him to continue driving until his shift ended.
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| C. Napco, Inc. v. City of New Orleans, NO. 2006-CA-0603,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 7, 2007, Decided
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Overview: Denial of injunctive relief in a case involving a restaurant offering live entertainment in a historic district was upheld because there was no showing of irreparable injury; although a violation of the law was an exception to this requirement, this was not applicable where the restaurant was still allowed to offer such entertainment due to stay.
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| C.L.S. v. G.J.S., NO. 2005-CA-1419 CONSOLIDATED WITH: NO. 2005-CA-1420,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 7, 2007, Decided
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Overview: An award of sole custody of the parties' daughter to the mother was appropriate under the Post-Separation Family Violence Relief Act, La. Rev. Stat. Ann. § 9:361 et seq., in part because the mother met her burden of proof since four expert witnesses testified that, in their opinion, the daughter had, or very likely had, suffered from sexual abuse.
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| City of Alexandria v. Lafayette Surgical Hosp., L.L.C., NUMBER 06-1346,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: In a city's suit against health care providers to recover workers' compensation benefits it paid its injured employee, the trial court properly granted providers' dilatory exception of prematurity as the city's action was actually for medical malpractice, and thus the city was required to comply with La. Rev. Stat. Ann. § 40:1299.47.
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| City of Monroe v. Tolliver , No. 41,969-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 7, 2007, Judgment Rendered
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Overview: A former employee was qualified for unemployment benefits under La. Rev. Stat. Ann. § 23:1601(2)(a) in a case where he was discharged for violating an absenteeism policy due to his incarceration for charges that were ultimately dismissed; the employer did not show that the arrest was due to unacceptable conduct on the part of the employee.
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| Courville v. SCI La. Funeral Serv., 06-1441,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Summary judgment was inappropriate in a workers' compensation case where a credibility determination was necessary in considering whether a benefits claimant made a fraudulent statement under La. Rev. Stat. Ann. § 23:1208 regarding his ability to perform yard work where a video showed him doing just that.
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