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| Barnes v. Barnes, 07-0027,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: The district court erred in issuing an ex parte order amending a child support decree by requiring that the father make all support payments to the state department of social services through the issuance of an immediate income assignment order pursuant to La. Rev. Stat. Ann. § 46:236.3(B)(1) because the father was not delinquent in his payments.
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| Branstetter v. Purohit, NO. 2006-CA-1435,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 2, 2007, Decided
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Overview: Petitioner claimed neighbor stalked her. Trial court erred in issuing protective order because law was clear that such an order under domestic violence statutes could not be issued without compliance with La. Rev. Stat. Ann. § 46:2133. Contempt order was non-appealable interlocutory order because criminal or monetary sanctions were not imposed.
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| Cotton v. First Fleet, 07-29,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: A workers' compensation benefits claimant did not conceal a prior back injury in violation of La. Rev. Stat. Ann. § 23:1208 because a medical history questionnaire for an unrelated matter on which the claimant stated that she suffered from recurring back problems was too broad to require the forfeiture of the benefits.
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| Cotton v. First Fleet, 07-41,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: Order awarding employee temporary total disability benefits was upheld where a WCJ did not err in failing to find that the employee made misstatements with regard to his preexisting back problems in order to obtain benefits in violation of La. Rev. Stat. Ann. § 23:1208; inconsistencies in the employee's testimony did not rise to the level of fraud.
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| Daigrepont v. Ducote, 07-28,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: Court erred in granting writ of mandamus ordering school board to hire substitute bus driver for vacated route where the board did not violate La. Rev. Stat. Ann. §§ 17:493.1(A)(1)(d) and 17:494 by requiring that driver be chosen by seniority from list from block by block basis; board could employ certain additional criteria when appointing driver.
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| DeSoto v. Humphreys, CW06-959,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: Insurer was awarded summary judgment in plaintiffs' suit for damages sustained in a vehicle accident because under La. Rev. Stat. Ann. § 9:3550(G)(3)(c), the insurer was entitled to rely on facts stated in cancellation sent by insurance premium finance company; insurer could not be held liable for alleged improper cancellation effected by company.
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| Doyle v. Pepsi Bottling Group, Inc., 07-59,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: A finding that an employee was entitled to workers' compensation benefits was appropriate because, although the employee did not immediately report the accident as required by the employer's policy, the evidence, when viewed as a whole, supported his claim that he was injured while working.
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| Ford v. Rapides Healthcare Sys., L.L.C., 06-1539,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: Trial court did not err in granting defendants' exceptions of prescription in husband's wrongful death suit where claim had prescribed under La. Civ. Code Ann. art. 3492; while husband's wife had died on September 17, 2000, he did not file his complaint with medical review panel until September 2003, or his wrongful death claim until February 2005.
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| Franklin Fin., Inc. v. Sandoz, 06-1606,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: Trial court properly granted attorney's peremptory exception of prescription and/or peremption based on provisions of La. Rev. Stat. Ann. § 9:5605(A) in a client's legal malpractice action where client's action was filed more than one year after the client sent the attorney a letter claiming that several errors of legal representation had occurred.
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| Garcia v. Killingsworth, 06-1504,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: Dismissal of an inmate's civil action seeking to have his convictions declared null was affirmed because although the dismissal by the trial court under the Prison Litigation Reform Act was technically inappropriate, the petition was properly dismissed because it failed to state a cause of action.
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