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| Andrews v. Columbia Cas. Ins. Co., 2006 CA 0896,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Judgment rendered
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Overview: Where an insurance policy excepted from coverage customers of businesses shown in the declarations as auto dealerships, the policy was construed against the insurer because, under La. Civ. Code Ann. arts. 2045, 2046, 2050, and 2056, the policy was ambiguous as to whether a "loaner" car driver was a customer of an auto dealership.
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| Ascension Sch. Emples. Credit Union v. Provost Salter Harper & Alford, L.L.C., 2006 CA 0992,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Judgment Rendered
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Overview: Because the denial of an accounting firm's motion for summary judgment was an interlocutory judgment, La. Code Civ. Proc. Ann. art. 2083C, it was not appealable and could not be certified as such, La. Code Civ. Proc. Ann. art. 1915B; there was no right to appeal interlocutory judgment denying motion brought under La. Rev. Stat. Ann. § 37:108.
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| Blackledge v. Font, NO. 2006 CA 1092,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Judgment Rendered
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Overview: Summary judgment was granted in favor of defendant homeowners in plaintiffs' negligence action as the homeowners had no duty to protect against or control one guest's unexpected criminal actions toward another guest, La. Civ. Code Ann. art. 2315; no personal injuries would have resulted absent guest's sudden and unforeseeable violent behavior.
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| Bridges v. Nat'l Fin. Sys., 2006 CA 0957,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Judgment Rendered
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Overview: Partial Summary judgment in favor of the Department of Revenue was affirmed because the modular banking units were corporeal movables that normally moved from one place to another under La. Civ. Code Ann. art. 471, and were tangible personal property and the leases of such structures were taxable transactions under La. Rev. Stat. Ann. § 47:302(B).
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| Brown v. Sanders, NUMBER 2006 CW 1171,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Judgment Rendered
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Overview: Court did not err in denying motion for sanctions against plaintiffs' attorney finding no violation of La. Code Civ. Proc. Ann. art. 863 in his filing suit; attorney was faced with potentially viable medical malpractice action and, despite his due diligence, an impending prescription date and practical difficulties in obtaining the medical records.
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| Darby v. Sentry Ins. Auto. Mut. Co., NUMBER 2007 CW 0407,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Judgment Rendered
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Overview: Denial of an employer's motion in limine was improper as the employer met its burden of proving that its financial condition was not relevant since there were no viable claims by the driver for exemplary damages pursuant to La. Civ. Code Ann. art. 2315.4 for entrusting its vehicle to the employee who became intoxicated and caused the accident.
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| Ellison v. Ellison, 2006 CA 0944,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Judgment Rendered
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Overview: For more than one year prior to her filing the petition to annul the judgment in favor of ex-husband, ex-wife had sufficient knowledge to excite further inquiry and a reasonable opportunity to discover the judgment partitioning their marital home. Thus, under La. Code Civ. Proc. Ann. art. 2004A, nullity action was untimely and properly dismissed.
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| Hooper v. La. Dep't of Agric. & Forestry, 2005 CA 2481,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Judgment rendered
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Overview: Employee's claim for workers' compensation benefits for back injury was properly denied where she did not satisfy her burden of proving that work-related accident, as defined in La. Rev. Stat. Ann. § 23:1021(1), occurred; WCJ did not err in finding that she had significant congenital condition that had become symptomatic prior to alleged accident.
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| In re Kehr, NO. 07-B-0071,
SUPREME COURT OF LOUISIANA, March 23, 2007, Decided
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Overview: Attorney was suspended for 1 year and 1 day for violating La. St. Bar art. XVI, R. 1.3, 1.4(a), and 8.1(c) for neglecting a client's domestic relations case, delaying resolution of case, and depriving client of funds; several aggravating factors were present, most significant of which was attorney's prior discipline in 2003 for similar misconduct.
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| In re Nunnery, NO. 07-B-0175,
SUPREME COURT OF LOUISIANA, March 23, 2007, Decided
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Overview: Attorney who had been suspended in Wisconsin for 2 months was given reciprocal discipline in Louisiana pursuant to La. Sup. Ct. R. XIX, § 21(A); although the Supreme Court of Louisiana might well have imposed greater discipline if the misconduct had occurred in Louisiana, the court found it appropriate to defer to determination made in Wisconsin.
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