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| Display S., Inc. v. Express Computer Supply, Inc., 2006 CA 1137,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: A trial did not err or abuse its discretion in certifying a class where the company was not required to prove the facts of its underlying claim that a computer business had violated La. Rev. Stat. Ann. § 51:1745 et seq., and 47 U.S.C.S. § 227 by sending unsolicited facsimiles and the La. Code Civ. Proc. Ann. art. 591 requirements had been met.
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| Estrade v. Stalder, 2006 CA 0160,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment rendered
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Overview: Award of 90 days of educational good time was affirmed because there was nothing in the record to suggest that the method of calculation utilized by the Louisiana Department of Public Safety and Corrections had not been uniformly applied to all inmates who were eligible for educational credits.
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| Feierabend v. Starns, 2006 CA 1386,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: Summary judgment was properly granted to an insurer in a case arising from a shooting death because an intentional acts exclusion applied; since a severe injury was intended and occurred, coverage was barred. Moreover, the insured could not have reasonably expected the insurer to pay for his shooting a victim and leaving her at the scene.
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| Fernandez v. Hebert, 2006 CA 1558,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Decided
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Overview: A trial court's judgment that the inter vivos donations of stock by a decedent by her mandatary nephew to himself and his siblings were valid was affirmed as the evidence showed that she had the mental capacity to make the donations, had given the nephew express verbal authority to make the transfers, and had the requisite donative intent.
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| Flowers v. Gaylord Container, 2006 CA 1473,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Date of Judgment
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Overview: A finding that an employee's claim for workers' compensation benefits was prescribed was proper under La. Rev. Stat. Ann. § 23:1209(A), in part because she had not asserted her claim for workers' compensation benefits within one year of the date of the alleged accident.
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| Halphen v. Borja, 2006 CA 1465,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: Where an employee was injured in an accident while driving his personal vehicle, he was not entitled to underinsured/uninsured motorist coverage under his employer's business automobile insurance policy, because, inter alia, under La. Rev. Stat. Ann. § 22:680(1)(e), he was not driving a vehicle that was specifically listed in the policy.
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| Hidalgo v. Catfish Queen P'ship, NUMBER 2006 CA 1531,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: Trial court erred in ruling that the complainants abandoned their personal injury suit against a casino as their procedurally proper and timely requests for scheduling conferences constituted steps in the prosecution of their case as contemplated by La. Code Civ. Proc. Ann. art. 561.
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| Hooks v. Kennedy, 2006 CA 0541 and 2006 CW 0100,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: In a property owner's class action suit against the State seeking just compensation for taken property, the trial court erred in denying the State's exception of no cause of action as the State's exercise of its statutorily imposed custody under La. Rev. Stat. Ann. § 9:162 did not equate to a "taking."
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| In re D.D.D., 2006 CU 2274,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: In an intrafamily adoption proceeding under La. Child. Code Ann. arts. 1170, 1243, considering the mother's erratic and delusional behavior, and the stepmother's active involvement in the children's daily lives, the adoption was in best interest of the children.
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