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| Stonebridge Dev., LLC v. Stonebridge Enters., LLC, No. 42,039-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Judgment was properly awarded to plaintiff in its petitory suit under La. Code Civ. Proc. Ann. art. 3651 where its admissions that it owned property but that defendant was in possession of portion thereof, and admissions by defendant that plaintiff owned it and that defendant was not possessing it as owner, satisfied the requirements for judgment.
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| Tanner v. Cooksey, No. 42,010-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Where there was conflicting expert evidence, trial court did not err in finding pursuant to La. Rev. Stat. Ann. § 9:2794(A), patient failed to prove ophthalmologist's treatment and care fell below standard of care applicable to ophthalmologists, and that as a proximate result, the patient suffered injuries which otherwise would not have occurred.
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| Trost v. O'Connor, 06-1281,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 4, 2007, Decided
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Overview: Appellate court declined to suspend "law of the case" doctrine and reexamine its previous judgment that found non-compete agreement signed by independent contractor was valid; agreement followed requirements specified under La. Rev. Stat. Ann. § 23:921(C) and plethora of evidence showed that he knew nature and meaning of the non-compete agreement.
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| Waldrip v. L.Y., No. 42,066-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Summary judgment was properly granted in favor of the insurer and its insureds where the insurer's homeowners' policy excluded coverage for intentional acts; the evidence of the insureds' son's action against his teacher placed the alleged injuries to the teacher within the exclusionary language, and the acts against the teacher were intentional.
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| Walker ex rel. Walker v. State Farm Mut. Auto. Ins. Co., No. 42,051-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Where an insured sued his Arkansas insurer for uninsured coverage after a Louisiana accident, a trial court, per La. Civ. Code Ann. arts. 3515, 3537, wrongly used Louisiana law, finding coverage despite an anti-stacking provision, as contacts with Louisiana were tenuous and Arkansas would be more impaired if the policy was subject to Louisiana law.
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| Whitehead v. Humphrey, No. 42,078-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Where problems with a septic system and plumbing were fixed prior to a home sale and neither party was aware of other latent defects, the seller was given the benefit of the prescriptive period under La. Civ. Code Ann. art. 2534; the buyers filed suit more than one year after discovering more problems with such.
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