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   State Courts - Louisiana - April 11, 2007

  
Hebert v. Rapides Parish Police Jury, NO. 06-C-2001, consolidated with NO. 06-C-2164, SUPREME COURT OF LOUISIANA, April 11, 2007, Decided
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Overview: The parents of a driver killed on an off-system bridge failed to prove that the state transportation agency had assumed the duty of the owner to construct and maintain the bridge in conformity with the agency's safety standards as there was no evidence that the agency had funded or participated in the construction or maintenance of the bridge.

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Hosli v. Rent-A-Center, Inc., NO. 2006-CA-1466, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 11, 2007, Decided
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Overview: Substantial evidence supported finding that a work-related accident occurred, and employee's preexisting condition did not prove absence of connection between accident and injury; the employee was temporarily totally disabled, La. Rev. Stat. Ann. § 23:1221(1). Under La. Rev. Stat. Ann. § 23:1201.2, the employee was not entitled to attorney's fees.

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In re Doskey, NO. 05-OB-2317, SUPREME COURT OF LOUISIANA, April 11, 2007, Decided
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Overview: Where an attorney had a disciplinary complaint pending against him in Florida, the Supreme Court of Louisiana granted the attorney permission to sit for the bar exam. Pursuant to La. Sup. Ct. R. XVII, § 9(B), the commissioner held a hearing on his fitness to practice law and petitioner was granted conditional admission to the Louisiana bar.

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In re Ellzey, NO. 07-B-0729, SUPREME COURT OF LOUISIANA, April 11, 2007, Decided
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In re Lawrence, NO. 06-B-2860, SUPREME COURT OF LOUISIANA, April 11, 2007, Decided
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Overview: Previously suspended attorney was suspended for 18 months for violating La. St. Bar art. XVI, R. 1.3 and 1.4 for misconduct in several client matters; genesis of most of the misconduct in instant case, as well as earlier misconduct, was his repeated and willful refusal to keep his clients reasonably informed about status of their legal matters.

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Kaiser v. Hardin, NO. 06-C-2092, SUPREME COURT OF LOUISIANA, April 11, 2007, Decided
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Overview: In a suit for damages based on injuries a husband and wife sustained in an automobile accident with another driver, the appellate court erred by increasing their damages award as the jury's award based on its conclusion that some of the husband's and wife's injuries were caused by different accidents or were pre-existing was not error.

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McGraw v. Richland Parish Clerk of Court, No. 42,029-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 11, 2007, Judgment Rendered
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Overview: Orders denying inmate's requests for public records from a district attorney's office and arresting officers were upheld where inmate's various requests had previously been fulfilled pursuant to La. Rev. Stat. Ann. § 44:31(B)(1) by district attorney, clerk of trial court, and police; offices provided inmate with all information in their possession.

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Ocon v. Regency Motors of Metairie, LLC, NO. 06-CA-834, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: An injured employee did not violate La. Rev. Stat. Ann. § 23:1208 by making false statements about his medical history in order to obtain compensation benefits because his statements were not deliberately or intentionally false but rather more in the nature of a miscommunication or misunderstanding of the question on the injury questionnaire.

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Ott v. Sansone, NO. 06-CA-696, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: Summary judgment in favor of buyers, ordering owners to execute the act of sale, was reversed and remanded because there were genuine issues of material fact regarding whether or not the buyers actually had the financing in place to proceed with the act of sale.

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Peeler v. Dural, NO. 06-CA-936, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: Exception of res judicata did not apply, because the motion filed by the siblings to rescind the sale of their deceased parents' estate property was not a second litigation, but arose from the events of the instant suit concerning the dispute between the parties relative to distributions from a sheriff's sale of estate property.

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