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| King v. La. Dep't of Health & Hosps., No. 42,071-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: A claimant was improperly denied Medicaid long-term care benefits on the basis of excess resources as an annuity that belonged to her husband was wrongly counted as an includable resource; a state payback provision was inconsistent with the Medicaid Act, 42 U.S.C.S. § 1396 et seq., and, thus, it was unenforceable pursuant to the Supremacy Clause.
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| La. AG Credit, PCA v. Livestock Producers, Inc., NO. 42,072-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: In dispute between livestock company and credit company, district court erred in refusing to accept livestock company's affidavit in support of opposition to motion for summary judgment because that affidavit was attached to another motion. The previously filed motion was a pleading on the record, pursuant to La. Code Civ. Proc. Ann. art. 852.
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| Ledoux v. Grand Casino-Coushatta, 06-1500,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 4, 2007, Decided
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Overview: Where a tribe and its casino refused to honor jackpots on a slot machine, the patrons were entitled to summary judgment on their breach of contract claims because, inter alia, the tribe waived its sovereign immunity and, under La. Civ. Code Ann. arts. 1767 and 1770, the tribe failed to demonstrate objective proof of a malfunction.
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| Littleton v. Richardson Med. Ctr., No. 42,082-WCA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Office of Workers' Compensation did not err in denying workers' compensation claim finding claimant failed to prove that any injury she suffered at work caused her disability, reflex sympathetic dystrophy syndrome (RSD); inter alia, only one doctor found a connection between claimed injury and RSD and that opinion was based upon a "faulty" history.
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| Mack v. City of Baton Rouge, 2006 CA 0140,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Employee of city's public works department was notified that he was suspended for refusing to take an alcohol and drug test. After a hearing, the employee was terminated. Upholding termination was an abuse of discretion because employee had taken emergency leave and punched out when superintendent made statement about drug and alcohol test.
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| Middleton v. City of Natchitoches, 06-1531,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 4, 2007, Decided
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Overview: City employee's reinstatement was upheld because she was not a working test employee and the city failed to satisfy procedural due process requirements under La. Const. art. 1, § 2 since she received notice of a demotion meeting only moments before it occurred and she could not sufficiently respond to the complaints alleged against her.
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| Morgan v. City of Baton Rouge, 2006 CA 0158,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: City was not liable under La. Civ. Code Ann. art. 2317.1 and La. Rev. Stat. Ann. § 9:2800 for damages related to a fall on a sidewalk due to a broken spacer board because it did not have actual or constructive notice where an injured party did not see the broken board in the months she had been going to the area, and no repairs had been done there.
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| Morgan v. La. State Univ. Health Scis. Ctr., NUMBER 2006 CA 0570,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Although university's reasons for seeking termination of employee's employment may have been valid and in good faith, manner in which it sought to terminate employment, in clear violation of La. Civ. Serv. R. 12.7, could not be regarded; despite evidence that employee did not receive timely notice, university improperly proceeded with termination.
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| Muey v. Chandler, NO. 41,942-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Court did not err in finding in favor of plaintiff having found doctor liable to her for offensive, non-consensual touching and awarding her $ 7,500 in damages; plaintiff testified doctor grabbed her, kissed her, and placed her hand on his penis without her consent, he denied the allegations, and the trial court found plaintiff was more credible.
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| Newsom v. Lake Charles Mem'l Hosp., 06-1468,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 4, 2007, Decided
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Overview: In medical malpractice case, La. Rev. Stat. Ann. § 9:2794(A), decedent's wife and children showed (1) nurse's standard of care; (2) that hospital, through nurse, breached standard of care by not providing proper one-to-one care to decedent when she left him alone; and (3) that breach resulted in blood loss, cardiac failure, brain damage, and death.
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