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| Lafleur v. Law Offices of Anthony G. Buzbee, NO. 2006 CA 0466,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Judgment Rendered
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Overview: Arbitration provision in the engagement agreement was adhesionary and unenforceable, because it lacked mutuality, when the client alone was to bear the expense of the arbitration proceedings, and the client was solely bound to the arbitration requirement for any dispute, while allowing defendants to pursue any and all remedies.
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| Lambert v. Lambert, NUMBER 2006 CU 2399,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Judgment Rendered
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Overview: A trial court did not manifestly err by imputing income to a husband when calculating his child support obligation where it based the amount on his actual pay stubs. The trial court did not abuse its discretion in refusing to deviate from the Louisiana Child Support Guidelines where it had considered his obligation to support three other children.
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| Leighow v. Crump, NUMBER 2006 CA 0642,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Judgment Rendered
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Overview: Jury verdict was reversed in part and amended to include a general damage award for the employee's past pain and suffering in the amount of $ 3,500, because the jury's failure to award general damages together with its award for special damages constituted an abuse of discretion, warranting a de novo review and rendering of an appropriate award.
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| Lowman v. Merrick, 2006 CA 0921,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Decided
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Overview: Judgment finding that the buyer was entitled to specific performance of the option to purchase property was affirmed because the option to purchase was valid, when the partial judgment of possession that recognized the option in favor of the buyer could not be collaterally attacked, and the buyer timely exercised the option.
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| MB Indus., LLC v. CNA Ins. Co., 2006 CA 1084 AND 2007 CW 0422,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, JUDGMENT RENDERED
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Overview: A trial court erred in sustaining defendants' exceptions of improper venue in a client's legal malpractice action where the East Baton Rouge Parish was a proper venue for the suit, under the language of both La. Code Civ. Proc. Ann. art. 42(7) and La. Rev. Stat. Ann. § 22:655, because one defendant was a foreign insurer.
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| Martello v. Martello, 2006 CU 0594,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Judgment Rendered
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Overview: Trial court erred in failing to impute income to wife for purposes of establishing basic child support as there was no evidence she was incapable of being employed, she was therefore voluntarily unemployed pursuant to La. Rev. Stat. Ann. §§ 9:315(C)(5)(b) and 9:315.2, but the case was remanded because there was no evidence of her earning potential.
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| Moity v. Firefighters' Ret. Sys., NUMBER 2006 CA 0775,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Judgment Rendered
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Overview: State Medical Disability Board was unreasonable and arbitrary in finding the firefighter not entitled to disability retirement under La. Rev. Stat. Ann. §§ 11:215 and 11:2258(B), because the firefighter's disability occurred during the time he was actively employed as a firefighter, and the degenerative hip disease was a "continued illness."
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| Oden v. Gales, NO. 2006 CA 0946,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Judgment Rendered
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Overview: Jury did not abuse its discretion by awarding $ 1,000 in general damages for pain and suffering because it was consistent with finding that plaintiff sustained minor to moderate physical injuries of relatively brief duration and later complaints of depression, memory loss, and subjective pain and paresthesias were not attributable to car accident.
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| Pounds v. Spears, NUMBER 2006 CU 2375,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 23, 2007, Judgment Rendered
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Overview: Pursuant to La. Rev. Stat. Ann. § 9:335(B)(2), visitation schedule meant child did not primarily reside with father, the domiciliary parent, as required. Mother failed to show that child was more comfortable with her choice for a pediatrician, that care provided by father was improper, or that changing doctors was contrary to child's best interest.
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