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   State Courts - Louisiana - April 4, 2006

  
Culpepper & Carroll, PLLC v. Cole, NO. 05-C-1136, SUPREME COURT OF LOUISIANA, April 4, 2006, Decided
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Overview: Appellate court reversed an award of attorney fees to an attorney because the attorney was not entitled to attorney fees under the contingent fee agreement, and awarding fees on the basis of a settlement offer that the client rejected would violate the client's fundamental right to control a case under La. St. Bar art. XVI, R. 1.2.

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In re Burkart, NO. 06-OB-0845, SUPREME COURT OF LOUISIANA, April 4, 2006, Decided
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In re Fontenot, NO. 06-OB-0795, SUPREME COURT OF LOUISIANA, April 4, 2006, Decided
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In re LaMont, NO. 04-OB-2364, SUPREME COURT OF LOUISIANA, April 4, 2006, Decided
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Overview: Following a character and fitness hearing pursuant to La. Sup. Ct. R. XVII, § 9(B), the state supreme court held that a petitioner's application to sit for the state bar exam was permanently denied because petitioner cheated by talking to the applicant next to her.

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In re Rojas, NO. 04-OB-1819, SUPREME COURT OF LOUISIANA, April 4, 2006, Decided
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Overview: Following a character and fitness hearing pursuant to La. Sup. Ct. R. XVII, § 9(B), the state supreme court held that a petitioner's application to sit for the state bar exam was permanently denied because petitioner cheated by talking to the applicant next to her.

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Lewis v. Succession of Johnson, No. 2005-C-1192, SUPREME COURT OF LOUISIANA, April 4, 2006, Decided
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Overview: Lower courts erred in holding tax sale was valid because tax collector and sheriff were required to provide each co-owner with actual or written notice of tax sale under La. Rev. Stat. Ann. § 47:2180, and the practice of providing notice to only one co-owner deprived the other co-owners of due process, and thus rendered the tax sale null and void.

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Moss v. State, No. 05-CC-1963, SUPREME COURT OF LOUISIANA, April 4, 2006, Decided
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Overview: Lower courts erred in denying transportation department's motion for release of a non-party's medical records because La. Rev. Stat. Ann. § 13:3715.1(B)(5) provided for disclosure, after a contradictory hearing, if "proper," even if none of the exceptions to the heath care provider privilege set forth in La. Code Evid. Ann. art. 510(B)(2) applied.

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Pumphrey v. City of New Orleans, NO. 05-C-979, SUPREME COURT OF LOUISIANA, April 4, 2006, Decided
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Overview: A self-insured city was exempt from the sanctions outlined in La. Rev. Stat. Ann. § 22:657(C) for payment delays for health insurance claims because the self-insurance statute, La. Rev. Stat. Ann. § 33:3062, prevailed over the more general insurance law provisions of La. Rev. Stat. Ann. § 22:657(C).

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State v. Lee, No. 2005-K-0835, SUPREME COURT OF LOUISIANA, April 4, 2006, Decided
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State v. Sherman, NO. 05-K-0779, SUPREME COURT OF LOUISIANA, April 4, 2006, Decided
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Overview: Officer had probable cause to arrest defendant when he stated that he did not have a driver's license. Therefore, subsequent search of defendant, which uncovered cocaine and served as basis for his drug conviction, was lawful under Fourth Amendment, even though it preceded defendant's arrest, because it did not serve as part of its justification.

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