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| Chapman v. DA, 2005 CA 0577,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 29, 2006, Judgment Rendered
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Overview: Where records sought by an inmate pursuant to Public Records Act, La. Rev. Stat. Ann. § 44:1 et seq., were no longer in existence when his request for his file was allegedly made of district attorney, because over three years had passed since conviction had become final, trial court did not err in not issuing writ of mandamus to compel production.
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| Corkern v. T.K. Valve, 2004 CA 2293,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 29, 2006, Judgment Rendered
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Overview: WCJ erred in summarily dismissing an action for death benefits filed by the ex-spouse of the deceased employee, who had been receiving workers' compensation disability benefits at the time of his suicide, as the WCJ failed to conduct a Daubert hearing to determine the reliability of a forensic psychiatrist's post-death diagnosis of the employee.
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| D'Angelo v. D'Angelo, 2005 CA 0553,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 29, 2006, Date of Judgment
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Overview: Because a divorce action had already been filed in one parish when a wife filed a similar action in another parish, the husband's exception of lis pendens was properly granted on the incidental issues of possession and use of property and spousal support; however, a harassment action should have survived under La. Code Civ. Proc. Ann. art. 531.
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| Dixon v. First Premium Ins. Group, NO. 2005 CA 0988,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 29, 2006, Judgment Rendered
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Overview: Where home was destroyed by fire, court did not err in holding La. Rev. Stat. Ann. § 22:691 standard fire insurance policy provided coverage to insureds for the loss; insurer failed to produce sufficient evidence to support allegation insureds increased hazard by renting house to tenant and renting it did not violate policy's residency requirement.
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| Elliott v. Amato & Creely, P.L.C., 2005 CA 0376,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 29, 2006, Judgment Rendered
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Overview: In lawyer's declaratory judgment action seeking attorney fees in pending suits, denial of the law firm's declinatory exception of improper venue was proper as La. Code Civ. Proc. Ann. art. 76.1's venue provisions applied where the lawyer executed agreements among the attorneys and performed work in the instant parish pursuant to those agreements.
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| FQCPRQ v. Brandon Invs., L.L.C., NO. 2005-CA-0793,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 29, 2006, Decided
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Overview: Ultimately, the status quo in the instant case was allowing a nonconforming use to continue for a few more months before a trial on the merits was held. Because neither party was put in a worse position by denying the motion for a preliminary injunction, the trial court was affirmed.
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| Galen-Med, Inc. v. Porter, NO. 2005-CA-0788, NO. 2005-CA-0789,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 29, 2006, Decided
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Overview: A finding in favor of a doctor and his insurer in a mother's medical malpractice action stemming from the death of her son was proper where the district court found that a physician's testimony stating that the doctor had breached the standard of care by failing to do a blood count and culture was unpersuasive.
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| Gaspard v. Graves, NO. 2005 CA 1042,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 29, 2006, Judgment Rendered
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Overview: In dealership employee's personal injury suit, summary judgment in favor of the dealership's stockholders, directors, and employees was proper as the exclusivity or immunity provision of La. Rev. Stat. Ann. § 23:1032 barred him from suing the stockholders, directors, and employees of the dealership.
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| Hammons v. ABB C-E Servs., 2005 CA 0807,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 29, 2006, Judgment Rendered
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Overview: WCJ erred in dismissing an employee's disputed claim for medical benefits for a second knee replacement as the WCJ had authority under La. Rev. Stat. Ann. § 23:1209(A) to modify the earlier judgment ordering the employer to pay for the first knee replacement and could order the employer to pay the medical bills.
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| Home Depot v. State Workers' Comp. Second Injury Bd., NUMBER 2005 CA 0674,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 29, 2006, Judgment Rendered
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Overview: Appellate court reversed a dismissal by a trial court of an employer's claim for reimbursement under La. Rev. Stat. Ann. § 23:1378 because pursuant to § 23:1378E, the trial court was to conduct a de novo review of the Second Injury Board's denial of benefits which it did not do.
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