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| Adkins v. Adkins, No. 42,076-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 11, 2007, Judgment Rendered
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Overview: Order denying wife's claim for spousal support pursuant to La. Civ. Code Ann. art. 111 and 112 on fault-based ground of abandonment was upheld where trial court expressly found that the husband's testimony was more credible; the trial court found no proof of adultery by the husband that would give the wife lawful cause for leaving the marital home.
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| Atkins v. Harcros Chems., Inc., NO. 2006-CA-1347,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 11, 2007, Decided
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Overview: Appeal of order denying appellant's motion to amend and modify a settlement agreement was dismissed for lack of jurisdiction where appeal was untimely under La. Code Civ. Proc. Ann. art. 2087; appeal was filed over two years after trial court's judgment. Even if appeal had been timely filed, appellate brief presented no appealable issue for review.
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| Becker v. Jefferson Parish Dep't of Parks & Rec., NO. 07-CA-19,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: Personnel board did not err in sustaining decision reinstating terminated parish employee for violating parish's substance abuse policy because of, inter alia, credibility of employee's testimony that, had he known he could not be excused from taking random drug test, he would have taken test and not gone home sick that day before taking the test.
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| Bourque v. La. Health Sys. Corp., 06-1366,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 11, 2007, Opinion Rendered
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Overview: Trial court did not err in ruling that Restatement (Second) of Torts § 402A, cmt. k provided an absolute defense in a strict products liability case brought pursuant to the ruling in DeBattista because, in 1975, when the instant patient received her blood transfusion, hepatitis C was unknown and there was no test to detect it.
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| Council of New Orleans v. Sewerage & Water Bd., No. 06-C-1989,
SUPREME COURT OF LOUISIANA, April 11, 2007, Decided
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Overview: In dispute involving city council, city, and sewage and water board over the laying of fiber optic cable, intermediate appellate court erred because it should have dismissed appeal as moot. City council and board had reached settlement before city had intervened and basis for injunction was resolved.
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| Dep't of Soc. Servs. v. Lehman, NO. 06-CA-922,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: Denial of the father's exception of prescription and finding him in arrears for failure to pay child support as previously ordered was vacated and remanded because the record was so sparse that it was impossible to resolve any of the legal issues raised on appeal except to find that the judgment was not supported by the record and it must vacated.
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| Escoffier v. City of New Orleans, NO. 2006-CA-1005,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 11, 2007, Filed
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Overview: Exception of prescription was properly granted in a case filed against a city, a police department, and several officers based on an alleged failure to respond appropriately to a 911 call because the case had been dismissed as abandoned under La. Code Civ. Proc. Ann. art. 561(A)(1), and no remedy from such was sought.
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| Gutierrez v. Moezzi, NO. 2006-CA-1395,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 11, 2007, Decided
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Overview: In an employee's suit against her former corporate employer and its owner for breach of a sales commission, the trial court erred in holding the owner solely liable as the employee failed to prove under La. Civ. Code Ann. art. 1846 that she entered into an oral commission contract with the owner individually.
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| Hayne v. Woodridge Condos., Inc., NO. 06-CA-923,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: Court did not err in granting summary judgment to condominium association; under clear terms of association's insurance policy, replacement of owner's condominium unit was covered but there was no provision in policy that provided coverage for her personal or business property, including her loss of rental income while her unit was uninhabitable.
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