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| Baker v. Morehouse Parish Sch. Bd., No. 41,874-CA, No. 41,875-CA (Consolidated Cases),
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 25, 2007, Judgment Rendered
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Overview: In dispute involving schools' closing and consolidation, trial court lacked subject matter jurisdiction because federal court had already ruled. On issue of spending of funds generated by special taxes, no cause of action was properly granted because report supported claim that La. Rev. Stat. Ann. § 39:704 was violated, so there was no controversy.
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| Brown v. Schwegmann, NO. 2005-CA-0830,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 25, 2007, Decided
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Overview: Where a brother breached his sister's trust, the award of money damages to the sister was upheld because res judicata barred the brother's arguments regarding his investing decisions, he failed to object to the expert's testimony under Daubert and La. Code Evid. Ann. art. 103(A), and the trial court chose the testimony of the sister's expert.
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| Bryant v. City of Alexandria, 06-1439,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 25, 2007, Decided
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Overview: The decision of the Alexandria Civil Service Commission denying the employee's complaint was reinstated where the alleged disparate treatment did not involve classifications under La. Const. art. I, § 3, and a pay raise to the employee created a further pay differential insofar as increased wages only affected the employee, not the other employees.
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| French Jordan, Inc. v. Travelers Ins. Co., NO. 2007-C-0007,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 25, 2007, Decided
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Overview: An exception of improper venue should not have been sustained in a breach of contract case since it was filed in the proper parish; La. Code Civ. Proc. Ann. art. 76.1 did not just apply to construction cases. The policy declaration page indicated that the contracts in question were executed in the parish where the case was filed.
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| Frey Plumbing Co. v. Foster, NO. 2006-C-1183,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 25, 2007, Decided
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Overview: In a plumbing company's suit for payment due against a property owner for plumbing work done on the owner's property, partial summary judgment in favor of the owner was proper as the contract was not an open account under La. Rev. Stat. Ann. § 9:2781.
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| Jones v. State through Dep't of Soc. Servs., No. 42,034-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 25, 2007, Judgment Rendered
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Overview: Court erred in granting summary judgment to State and foster parents in suit by mother on behalf of her two daughters claiming sexual abuse by foster father; in view of identification by one girl to expert in child abuse medicine of foster father as someone who molested her, and medical evidence, there was genuine issue of fact as to sexual abuse.
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| Lamarque v. Barbara Enters., NO. 2006-CA-1422,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 25, 2007, Decided
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Overview: Insufficient evidence under La. Civ. Code Ann. art. 1957 was put forth by homeowner to show he was deceived by contractor or contractor committed fraud in inducing homeowner to sign a standard form American Institute of Architects (AIA) contract; the contract was thus binding and the arbitration clause contained within was a valid contract term.
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| Murrell v. Murrell, NO. 42,070-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 25, 2007, Judgment Rendered
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Overview: A former wife's peremptory exception of prescription was granted in a case where a former husband sought to set aside his obligation to pay her health insurance premiums because there was a five-year time limit on the rescission of partition actions under La. Civ. Code Ann. arts. 1413, 3497.
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| Odom v. Kinder Nursing Home, 06-1442,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 25, 2007
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Overview: Workers' compensation judge did not err in finding that employee was permanently and totally disabled as a result of work-related accident under La. Rev. Stat. Ann. § 23:1221(2)(c) because treating physician said she was totally disabled due to radiculopathy, the peripheral neuropathy involving her right arm, chronic pain disorder, and depression.
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| State v. Davis, NO. 2006-KA-1330,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 25, 2007, Decided
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Overview: Where 19 crack cocaine rocks and $ 1,607 were found in defendant's possession, sufficient evidence supported his conviction for possession with intent to distribute crack cocaine under La. Rev. Stat. Ann. § 40:967(B)(1) because of the amount of drugs, the amount of cash, and the high incidence of narcotics trafficking in the area.
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