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| Harris v. Hakim, No. 40,868-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 16, 2006, Judgment Rendered
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Overview: In tenant's suit against her landlord seeking the return of her security deposit and first month's check, the trial court erred in rendering judgment in the tenant's favor as the lease's rent abatement provisions for the landlord's inability to deliver possession were not triggered, absent delivery and endorsement of the housing authority's check.
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| State v. Orman, No. 41,183-KH,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 16, 2006, Judgment Rendered
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Overview: Trial court erred in finding defendant's application for postconviction relief was untimely under La. Code Crim. Proc. Ann. art. 930.8 as the State neither admitted nor denied the truth of the allegations, made within two years of discovery, that the primary witness had a familial relationship with an investigating officer, who coached the witness.
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| Adams v. Stalder, NO. 2006 CW 0051,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 17, 2006, Decided
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Overview: The granting of the Department of Public Safety and Corrections' writ application stemming from an inmate's action for damages sustained from being struck by another inmate was proper where the district court erred in finding that La. Rev. Stat. Ann. § 15:1172 provided for the interruption, rather than suspension, of the prescriptive period.
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| Badeaux v. Southwest Computer Bureau, Inc., No. 05-CA-0612 c/w 05-CA-0719,
SUPREME COURT OF LOUISIANA, March 17, 2006, Decided
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Overview: Couple had standing but failed to state claim for defamation under La. Rev. Stat. Ann. § 18:1463 because they claimed damages for which the statute did not provide and election was over and husband was no longer an affected candidate but case was remanded to allow amendment of their petition to state cause of action for general tort of defamation.
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| In re Liptak, NO. 06-OB-0288,
SUPREME COURT OF LOUISIANA, March 17, 2006, Decided
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Overview: Office of disciplinary counsel's (ODC) motion to renew attorney's probation was denied; case involved strictly technical violations of probation plan precipitated by disciplinary board's failure to timely appoint probation monitor and attorney should not have been penalized for board's error given that he had attended correct ethics school program.
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| Snearl v. Kelly's Indus. Servs., NO. 06-CC-0218,
SUPREME COURT OF LOUISIANA, March 17, 2006, Decided
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Overview: Where claimant was treated by emergency orthopedic surgeon for 8 months after emergency, surgeon had to be considered the claimant's orthopedic surgeon of choice, and office of workers' compensation erred in finding La. Rev. Stat. Ann. § 23:1121(E) applied; emergency treatment exception did not apply as an emergency could not have lasted 8 months.
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| Brown v. Jones, NO. 2006-CA-0260 CONSOLIDATED WITH: NO. 2006-CA-0261,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 21, 2006, Decided
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Overview: Findings that "I.Q." in candidates names on municipal election ballots, which stood for "I quit," was not a permissible "nickname" but was an impermissible "designation" under La. Rev. Stat. Ann. § 18:463 were not clearly erroneous where the initials pointed out to voters what the candidates would have done if they were elected.
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| La. State Bd. of Ethics v. Garrett, NO. 2006-CA-0263,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 21, 2006, Decided
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Overview: Disqualification of the candidate for the office of assessor was affirmed because the candidate certified on his notice of candidacy that he did not owe any outstanding fines, and the Louisiana State Board of Ethics' had obtained a judgment against the candidate for late fees totaling $ 3,400.
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