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| Morris v. Nanz Enters., 2005 CA 0236,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 1, 2006, Judgment Rendered
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Overview: Trial court did not err in granting summary judgment to a builder sued by subsequent home purchasers in his individual capacity because, under former La. Rev. Stat. Ann. § 9:3143(1) of New Home Warranty Act (NHWA), purchasers failed to produce sufficient evidence to establish that the builder individually was the builder of the home under the NHWA.
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| Mouton v. Thomas, 05-926,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: A grant of summary judgment in favor of an insurer was proper where it was properly dismissed from a pending personal injury action because striking another person in the face with a bottle constituted an assault and battery pursuant to La. Rev. Stat. Ann. §§ 14:33 and 14:36, and was thus not covered under the policy.
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| Picou v. Trussco, Inc., 05-1264,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: An award of unemployment compensation benefits to an employee was proper under La. Rev. Stat. Ann. § 23:1601(2)(a) because she shared the computer and e-mail in question with her supervisor and was expected to use and communicate with other employees on that system. Thus, accessing her supervisor's e-mail was not inappropriate.
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| Rapp v. Iberia Parish Sch. Bd., CA 05-833 consolidated with CA 05-834, CA 05-835,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Trial court did not err in certifying class action under La. Code Civ. Proc. Ann. art. 591 as plaintiffs did not rest upon mere allegations that there was large number of claimants; all claimants faced same questions regarding liability and fault. Typicality was satisfied as claims all arose from exposure to chemicals and liability was the same.
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| Smith v. Morris & Dickson, WCA 05-1120,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: In a workers' compensation case, because the law was clear that the employee had a right to choose a treating physician, the imposition of penalties and attorney fees were appropriate under La. Rev. Stat. Ann. § 23:1201(F) for the employer's failure to consent to the employee's request to see his chosen physician.
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| Sonnier v. La. Farm Bureau Mut. Ins. Co., 05-1006,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Summary judgment in favor of the insurer and agent was reversed and remanded because the homeowners' claim against the agent arose out of the agent/broker relationship and was independent of the policy, and the homeowners' claim regarding the failure to notify them of the availability of replacement cost coverage was not perempted.
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| State v. Boyance, 05-1068,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Evidence was sufficient to support a conviction of armed robbery, a violation of La. Rev. Stat. Ann. § 14:64, because, given the convenience store clerk's testimony and surveillance videotape which was entered into evidence, jury was free to conclude defendant was armed with a dangerous weapon and that he had created an atmosphere of intimidation.
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| State v. F.Y., 05-920,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: The denial of the State's petition for termination of parental rights and certification for adoption in regard to the parents' two minor children was proper pursuant to La. Child. Code Ann. art. 1036 where the evidence failed to indicate that the parents were not likely to further improve their condition or conduct in the near future.
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| State v. Hargrave, 05-1027,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Given defendant's history of physically dominating victim, even her version of events did not depict scenario in which she could reasonably have believed that she needed to inflict great bodily harm or death in order to defend herself, La. Rev. Stat. Ann. § 14:20. Thus, her second degree murder conviction, La. Rev. Stat. Ann. § 14:30.1, was upheld.
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| State v. Harris, KA 05-1362,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Defendant's conviction for attempted second-degree murder was appropriate pursuant to La. Code Crim. Proc. Ann. art. 561 where he did not present any evidence regarding his impaired mental capacity at the time the alleged crime was committed, nor at anytime prior to his incarceration on the present charge.
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