 |
|
 |
|
|
Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!
Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!
While viewing the full text of the case, select from upgrade options to Shepardize® or view the fully-featured case on lexis.com including Core Terms, Shepard's® Signals, Case Summaries, Print Options, and more. lexisONE offers access to comprehensive content and flexible services for faster, more efficient legal research. Review our flexible LexisNexis® subscriptions offered through daily, weekly or monthly research packages.
| Douglass v. Easton, 06-1404,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
View this case - free |
|||||
Overview: Summary judgment was improperly granted to an employer in a breach of contract case because an employee did not waive the right to bring the action by signing a new contract for a different position after the expiration of his contract. Moreover, the damages sought were not just non-pecuniary in nature under La. Civ. Code Ann. 1998.
|
|||||
| Duhon v. State Farm Mut. Auto. Ins. Co., 06-1413,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
View this case - free |
|||||
Overview: Summary judgment was properly granted on the issue of penalties and attorney's fees due to an insurer's failure to pay a claim for a stolen vehicle because whether the insurer was arbitrary and capricious in handling the claim did not require a credibility determination or a weighing of the evidence.
|
|||||
| Duncan v. Dow Pipeline Co., 06-1455,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
View this case - free |
|||||
Overview: Employee's exclusive remedy was in workers' compensation not tort as oil company was his statutory employer and he did not overcome La. Rev. Stat. Ann. § 23:1061(A)(3) presumption that "work" he performed, repairing entire flooring of oil drilling platform and replacing it with treated wood and floor joists, was integral to the company's business.
|
|||||
| Edwards v. P&G Mfg., 06-1229,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
View this case - free |
|||||
Overview: Workers' compensation judge properly granted an employer's La. Code Civ. Proc. Ann. art. 1672(B) motion to dismiss its employee's claim for total permanent disability benefits under La. Rev. Stat. Ann. § 23:1221(2)(c) as the employee offered no evidence indicating a connection between his prior work-related accident and his debilitating stroke.
|
|||||
| Edwards v. Transwestern Publ'g, LLC, 06-1057,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
View this case - free |
|||||
Overview: A claimant filed a suit for workers' compensation benefits, and her surviving husband replaced her when she died; denial of the husband's request for death benefits under La. Rev. Stat. Ann. § 23:123 was proper as the husband could not establish that he was the claimant's legal dependant at the time of the claimant's original accident.
|
|||||
| Gaspard v. Iberia Bank, CA 06-1459,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
View this case - free |
|||||
Overview: Daughter claimed that bank was negligent when it cashed her deceased father's certificate of deposit (CD); however, summary judgment for bank, pursuant to La. Code Civ. Proc. Ann. art. 966, was proper because father decided to give money to wife rather than daughter, and daughter was not owner of money in CD.
|
|||||
| Harrison v. Lake Charles Mental Health, 06-434,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
View this case - free |
|||||
Overview: Medical malpractice claim against state mental health center for termination of patient's treatment and inability to obtain psychiatric medication had prescribed and exception of prescription was granted; patient had not complied with filing requirements of La. Rev. Stat. Ann. § 9:5628(A) considered in light of La. Rev. Stat. Ann. § 40:1299.39.1.
|
|||||
| Jacobs v. City of Marksville, 06-1386,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
View this case - free |
|||||
Overview: The trial court correctly denied an exception of res judicata under La. Rev. Stat. Ann. § 13:4231 in an action alleging injury as the result of an automobile accident because defendants, a city and its employee, were not involved in one of the traveler's claims arising from another accident that occurred approximately three months later.
|
|||||
| Koonce v. Dousay, 06-1498,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
View this case - free |
|||||
Overview: Involuntary dismissal under La. Code Civ. Proc. Ann. art. 1672(B) was granted in an equipment lease dispute because there was no error in finding that a lessee substantially complied with the insurance provision of the lease; there was no requirement of separate insurance, and the lessee increased the insurance amount to reflect fair market value.
|
|||||
| Kramer v. Oliver, CA 06-1494,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
View this case - free |
|||||
Overview: The dismissal of a workers' compensation carrier's claim for intervention was appropriate because, based on the jurisprudence, the carrier was not entitled to reimbursement from the proceeds of the UM/UIM policy. The UM/UIM insurer's policy specifically excluded any direct or indirect benefits to the carrier.
|
|||||
Back to Top
| www.lexisnexis.com | About LexisNexis | Terms & Conditions | Customer Support | Sitemap | Contact Us |
| CopyrightŠ 2008 LexisNexis® All rights reserved. |
