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| Alexander v. Prestige Car Wash, NO. 2006-CA-0645,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 21, 2007, Decided
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Overview: Order requiring the employee's attorney to pay $ 250 for failure to timely answer discovery was affirmed because the employee's attorney "necessitated the motion" to compel and thus should be required to pay the expenses associated with obtaining the order pursuant to La. Code Civ. Proc. Ann. art. 1469.
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| Devall v. Starns, 2006 CA 2155,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 21, 2007, Judgment Rendered
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Overview: The incorporation of a city was enforceable because, even if a judgment, which rendered a prior judgment declaring a government plan's provision barring the incorporation unconstitutional, placed the provision back in effect, provision was unenforceable pursuant to La. Const. art. VI, § 2 as it was unconstitutional under La. Const. art. VI, § 8.
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| Dixie Servs., L.L.C. v. R & B Falcon Drilling USA, Inc., NO. 2005-CA-1212 CONSOLIDATED WITH: NO. 2006-CA-1209,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 21, 2007, Decided
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Overview: Lessor had duty to mitigate its damages against lessee, La. Civ. Code Ann. art. 2002, as it knew lessee did not remain on property although actual written notice was untimely. Under La. Civ. Code Ann. art. 2045, lease was clear and lessee failed to submit written notice. Lessor was entitled to costs and fees, La. Code Civ. Proc. Ann. art. 2088.
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| Historic Restoration, Inc. v. RSUI Indem. Co., L.L.C., NO. 2006-CA-1178,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 21, 2007, Filed
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Overview: Insurance company was entitled to a preliminary injunction enjoining the indemnity company from changing the terms and conditions of its existing insurance policy where given the multiplicity of possible losses, the insurance company would have been irreparably harmed if its property insurance was not renewed under the same terms and conditions.
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| Kuehn v. F.D.H. Dev., Inc., 07-64,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 21, 2007, Decided
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Overview: From the denial of a resident's request for injunctive relief against a real estate developer, because La. Code Civ. Proc. Ann. art. 3612 established the resident's right to such an appeal, she was not required to undertake the additional procedures for an appeal of the partial judgment under La. Code Civ. Proc. Ann. art. 1915(B).
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| Lawrence v. St. Augustine High Sch., NO. 2007-CA-0263,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 21, 2007, Decided
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Overview: Inter alia, court erred in finding student's suspension by private high school violated due process; school provided and complied with all safeguards of procedural due process as outlined in student handbook and all persons involved were appraised of investigation, afforded opportunity to be heard, and school made a fair determination of penalties.
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| Marcotte v. Progressive Sec. Ins. Co., NO. 2006-CA-1368,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 21, 2007, Decided
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Overview: Summary judgment was properly granted to an insurer in a dispute over UM/UIM coverage because an insured was unable to recover under the provisions of a policy covering a vehicle that was not involved in an accident, pursuant to La. Rev. Stat. Ann. § 22:1406(D), where he had already received UM/UIM coverage for the vehicle involved.
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| Newman Marchive P'ship v. City of Shreveport, No. 42,073-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 21, 2007, Judgment Rendered
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Overview: A judgment creditor's petition for a writ of mandamus under La. Code Civ. Proc. Ann. arts. 3861, 3862, 3863 was denied because a city had the discretion of whether or not to appropriate money to satisfy the judgment, as required by La. Const. art. XII, § 10 and La. Rev. Stat. Ann. § 13:5109.
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| Rawboe Props., L.L.C. v. Dorsey, NO. 2006-CA-0070,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 21, 2007, Decided
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Overview: Although attorney had committed malpractice because he had not filed suit against client's property insurer for supplemental claim within the appropriate time period, trial court did not err in declining to award damages and attorney fees as client did not successfully demonstrate any damages were incurred as a result of his attorney's malpractice.
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