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   State Courts - Louisiana - April 5, 2006

  
State v. Vallot, 05-0532, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Court erred in ordering a mother to pay $ 200 per month as child support for her children, together with additional five percent per month administration fee, where hearing officer did not comply with requirements of La. Rev. Stat. Ann. § 46:236.5(C)(5) in that record contained no statement of pleadings, no findings of fact, and no findings of law.

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Sunrise Properties, Inc. v. Long's Preferred Prods., 05-1303, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Trial court properly granted summary judgment in favor of a landlord in its suit to collect unpaid rentals as the tenant's argument that its employee did not have authority to enter the written lease amendment but did have authority to enter a verbal lease amendment was without credence.

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Thonn v. Slidell Mem'l Hosp., NO. 2005-CA-0847, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 5, 2006, Filed
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Overview: Where the record did not show that a second physician practiced in a different field than a physician picked by a benefits claimant, and a switch was not medically necessary, an employer was not liable under La. Rev. Stat. Ann. § 23:1201 for failing to timely authorize and pay for the second physician because the claim was reasonably controverted.

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Tyler v. Bart, WCA 05-1348, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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W. La. Health Servs. v. Butler, 05-1326, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Trial court erred in issuing a money judgment in a hospital's favor from an arbitration decision to determine a doctor's reasonable expenses because operation of the arbitrators' award as a money judgment took away the doctor's rights under the parties' contract to have the debt forgiven over time and resolve any further disputes by mediation.

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Weeks v. Byrd Med. Clinic, Inc., CA 05-1310, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: In a negligence suit brought against a clinic, patient's daughter failed to show clinic had breached standard of care because statements made to physician about how patient sustained her fall were not admissible pursuant to La. Code Evid. Ann. art. 803(4); statements were not pertinent to diagnosis.

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Whitney Nat'l Bank v. Hebert, 05-1202, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: In a deficiency judgment awarded for bank against borrowers on a promissory note, La. Rev. Stat. Ann. § 10:9-505(3) (former) was inapplicable because bank had never taken possession of chattel, which was a travel trailer.

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