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| Penn v. La.-1 Gaming, NO. 06-CA-928,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: The grant of summary judgment in favor of an employer in an employee's wrongful-discharge action was proper under La. Rev. Stat. Ann. § 23:1361 because the employer had offered the employee light duty work but she chose to leave work and not return. She voluntarily left work and violated her employer's "no call/no show" policy.
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| Porter v. Pellerin Constr. Co., NO. 06-CA-949,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: Penalty award and attorney fee award was affirmed because defendants failed to reasonably controvert the employee's entitlement to workers' compensation benefits, and defendants were arbitrary in their refusal to pay weekly indemnity and medical benefits to the employee.
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| Silbernagel v. Silbernagel, NO. 06-CA-879,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: Inter alia, trial court did not err in finding under La. Civ. Code Ann. arts. 131 and 134 that mother should be maintained as domiciliary parent, in ordering the child's continued attendance at the specific school agreed to in the stipulated judgment, and in modifying visitation agreement to give each parent physical custody for 7 consecutive days.
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| Smith v. Patout, 06-950,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 11, 2007, Opinion Rendered
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Overview: There was attorney-client relationship between attorney and heir and under La. St. Bar art. XVI, R. 1.15(d), attorney had professional duty to render accounting to heir upon request, even if heir was not a client, and as there was a genuine issue of material fact whether heir was informed of amount of settlement, summary judgment was inappropriate.
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| Southeast Wireless Network, Inc. v. U.S. Telemetry Corp., No. 06-C-1736,
SUPREME COURT OF LOUISIANA, April 11, 2007, Decided
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Overview: In suit brought by a wireless company and executrix that alleged violation of Louisiana's Blue Sky Law, among other claims, trial court properly determined, based on La. Rev. Stat. Ann. § 13:3201, that it had personal jurisdiction over director because of contacts with Louisiana and lack of burden on director to defend in Louisiana.
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| State v. Batiste, NO. 06-KA-869,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: Defendant's conviction for manslaughter and sentence of 40 years imprisonment at hard labor, La. Rev. Stat. Ann. § 14:31(B), was not excessive, La. Const. art. I, § 20 and Eighth Amendment; defendant deliberately pointed gun at the victim and shot him four times without provocation, and maximum penalty had been imposed in similar circumstances.
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| State v. Blank, No. 2004-KA-0204,
SUPREME COURT OF LOUISIANA, April 11, 2007, Decided
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Overview: Defendant's conviction for first-degree murder in violation of La. Rev. Stat. Ann. § 14:30 and his death-sentence were both appropriate, in part because the record showed that he voluntarily accompanied the officers to the police station. Thus, he failed to show that he had been arrested on less than probable cause.
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| State v. Browning, NO. 06-KA-929,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: Conviction of attempted looting after a declared state of emergency under La. Rev. Stat. Ann. § 14:62.5, was affirmed because defendant was the only person found in the store, the television in question was found out of its box on top of the debris pile, and it was the only television that was not in its box or properly stacked.
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| State v. Cross, NO. 06-KA-866,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2007, Decided
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Overview: Pursuant to La. Code Crim. Proc. Ann. art. 881.2(A)(2), defendant could not claim that his sentence following his guilty plea to distribution of cocaine and stipulation to a contempt charge was excessive where the sentence was imposed in conformity with a plea agreement that was set forth in the record at the time of the plea.
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