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| In re Thibodeaux, NO. 07-B-0727,
SUPREME COURT OF LOUISIANA, May 4, 2007, Decided
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Overview: Lawyer's court-ordered probation was revoked and he was suspended from the practice of law for one year as he admitted that he commingled and converted client and third-party funds while he was on probation for a prior disciplinary matter.
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| La. Retailers Mut. Ins. Co. v. DeRamus, 2006 CA 1427,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Date of Judgment
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Overview: Appeal from the district court was dismissed for lack of subject matter jurisdiction because the insurer alleged claims arising out of the Workers' Compensation Act, and original exclusive jurisdiction for the matter had been vested with the Office of Workers' Compensation under La. Const. art. V, § 16(A)(1) and La. Rev. Stat. Ann. § 23:1310.3E.
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| La. State Bd. of Ethics v. Aidoo, NO. 2006 CA 1243,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: District court judgment converting the Louisiana Board of Ethics' order into an order of the court was affirmed, because the decision by the Louisiana Board of Ethics in assessing civil penalties against the candidate for failure to timely file a required campaign finance report was not arbitrary, capricious, or an abuse of discretion.
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| Lee v. Ryan's Family Steak Houses, Inc., NO. 2006 CA 1400,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: A finding in favor of a restaurant's customer in her slip-and-fall accident was improper under La. Rev. Stat. Ann. § 9:2800.6(B) because the customer knowingly walked back through an area that she knew to have been wet and slippery, despite the fact that she saw a restaurant employee standing nearby whom she could have summoned for help.
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| Love v. AAA Temps., Inc., NUMBER 2006 CA 1679,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: Summary judgment was granted for an insurer in a third-party demand arising from injuries sustained by an insured's employee, who was assigned to work for an oil company. Under the rules in La. Civ. Code Ann. arts. 2046, 2050, there was no coverage for an oral agreement between the insured and the company due to the terms of an insurance contract.
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| McLain v. Mann, 2006 CA 1174,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment rendered
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Overview: In personal injury action, an appeal by plaintiff and driver of order granting insurer's motion for involuntary dismissal pursuant to La. Code Civ. Proc. Ann. art. 1672(C) was dismissed as moot where neither plaintiff nor driver had assigned any error or briefed any issue challenging judgment granting the insurer's motion for involuntary dismissal.
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| Morehouse v. S. Univ., 2006 CA 1184,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: Where an employee was recommended for permanent status but never achieved such status due to a clerical error before he was terminated, a property interest or right attached for Fourteenth Amendment procedural due process purposes because the university's conduct amounted to an implied or tacit understanding that he had achieved permanent status.
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| R.G. Claitor's Realty v. Rigell, NUMBER 2006 CA 2336,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: In a lease dispute, an indemnity provision in a contract did not provide for an award of additional attorney fees for the defense of a reconventional demand because this would have rendered a lessee's enforcement rights under the contract meaningless, in violation of La. Civ. Code Ann. arts. 2050, 2053.
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| R.G. Claitor's Realty v. Rigell, NUMBER 2006 CA 1629,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: In a lessor's suit against a lessee for breaching the parties' lease agreement, the trial court properly found the lessee personally liable under La. Rev. Stat. Ann. §§ 12:92(A), 26 because the lessee executed the lease agreement on behalf of his business, which did not legally exist as a corporation at the time of the agreement's execution.
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