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   State Courts - Louisiana - March 24, 2006

  
Allen v. Hatch, 2005 CA 0673, COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 24, 2006, Decided
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Babin v. McDaniel, NUMBER 2005 CU 2455, COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 24, 2006, Judgment Rendered
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Overview: A finding against the parents and in favor of the grandparents concerning visitation was appropriate in part where La. Rev. Stat. Ann. § 9:344 could be interpreted in a constitutional manner; thus, there was no error in the trial court's determination that § 9:344 was constitutional on its face.

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Broadmoor Anderson v. Nat'l Union Fire Ins. Co., NO. 2005-C-2462, SUPREME COURT OF LOUISIANA, March 24, 2006, Decided
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Brown v. Archer, NO. 2006-C-0648, SUPREME COURT OF LOUISIANA, March 24, 2006, Decided
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Brown v. Harmony, L.L.C., NUMBER 2005 CA 0747, COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 24, 2006, Judgment Rendered
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Overview: An order awarding sanctions to an employer against an employee and his attorney pursuant to La. Code Civ. Proc. Ann. art. 863 in a workers' compensation proceeding was upheld because on appeal, neither the employee nor his attorney raised any assignments of error pertaining to the issue of sanctions.

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Brown v. Jones, NO. 2006-C-0653, SUPREME COURT OF LOUISIANA, March 24, 2006, Decided
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Burns v. Guar. Serv. Team of Prof'ls, NO. 2005 CA 0506, COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 24, 2006, Judgment Rendered
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Overview: WCJ did not err in finding workers' compensation claimant failed to meet burden of proving occurrence of compensable La. Rev. Stat. Ann. § 23:1021 work-related accident; no independent testimony or objective documentary evidence reasonably corroborated occurrence of the accident he described; thus, elements of Bruno standard were not established.

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Dep't of DOT & Dev. v. James, NO. 2005-CC-2484, SUPREME COURT OF LOUISIANA, March 24, 2006, Decided
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Diamond v. Progressive Sec. Ins. Co., NUMBER 2005 CA 0820, COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 24, 2006, Judgment Rendered
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Overview: A trial court did not err in granting an exception of no right of action filed by the Louisiana Insurance Guaranty Association in an employee's action for UM/UIM benefits where the evidence indicated that the insolvent insurer's policy was neither written nor delivered in Louisiana. The insurer's principal place of business was in Pennsylvania.

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ETB Enters., LLC v. Krause, 2005 CA 0653, COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 24, 2006, Judgment Rendered
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Overview: Summary judgment was properly awarded to a bank in a contractor's action to enforce lien because bank did not owe fiduciary duty to contractor under La. Rev. Stat. Ann. § 6:1124; bank, which was not party to direct pay agreement between homeowners and contractor, was not required to ignore homeowners' instructions in favor of contractor's demands.

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