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   State Courts - Louisiana - April 19, 2006

  
Khan v. Richey, No. 40,805-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 19, 2006, Judgment Rendered
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Overview: Summary judgment was properly granted for attorneys in ex-client's legal malpractice action because her EEOC charge and federal complaint were timely filed, and she settled her discrimination suit against her employer; thus she could not prove the attorneys' failure to add wrongful termination claim to the charge or complaint caused her any damage.

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Mason v. Mason, No. 40,804-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 19, 2006, Judgment Rendered
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Overview: Trial court did not err in allowing the wife reimbursement for half the mortgage payments made after termination of the community because she had exclusive use of the family home, but there was no agreement or court order regarding rent as required by La. Rev. Stat. Ann. § 9:374(C), but trial court erred in allowing reimbursement for car payments.

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McNab v. Blanton, 05-1200, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 19, 2006, Opinion Rendered
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Overview: After a default judgment was rendered against him, a designer's motion for a new trial was properly denied pursuant to La. Code Civ. Proc. Ann. art. 1973 where the designer's only excuse for failing to timely answer a homeowner's complaint was "happenstance" or oversight, and there were no good grounds for granting the motion.

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Pace Royalty Trust Fund, Inc. v. O'Neal, NO. 40,841-CA, NO. 40,842-CA (consolidated cases), COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 19, 2006, Judgment Rendered
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Overview: In a case alleging causes of action relating to the breach of a lease of an oil well, an exception of no cause of action under La. Code Civ. Proc. Ann. art. 681 was granted because an operator did not have an actual legal interest in the oil well, and the deficiency could not have been cured by an amendment under La. Code Civ. Proc. Ann. art. 934.

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Rachal v. Luzader, 05-1280, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 19, 2006, Opinion Rendered
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Overview: In business sellers' suit against a buyer to enforce a contract, as the evidence showed that an oral contract for the sale of the business was perfected as per La. Civ. Code Ann. art. 2439 between the sellers and the buyers, and that the buyer failed to make any payment toward the sale price, judgment in favor of the sellers was proper.

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Romero v. Garan's, Inc., 05-1297, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 19, 2006, Opinion Rendered
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Overview: Workers' compensation judge did not err in finding, pursuant to La. Rev. Stat. Ann. § 23:1031(A), that employee's back injury was causally related to her work-related accident and that she was entitled to treatment, including surgery, where the medical records showed that she had immediate onset of back pain that continued throughout her treatment.

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Roudakis v. City of Ruston, No. 40,952-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 19, 2006, Judgment Rendered
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Overview: Challenge to Ruston, La., Mun. Code § 29-43(5) (1998) was properly dismissed based on a failure to serve the attorney general, as required by La. Code Civ. Proc. Ann. art. 1880, because the petition asserted a constitutional challenge under La. Const. art. 6, § 17 where it claimed that there were no objective standards for allowing a variance.

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Ryan v. Blount Bros. Constr., Inc., NO. 40,845-WCA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 19, 2006, Judgment Rendered
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Overview: A finding that the direct employer's insurer was responsible for benefits was improper pursuant to La. Rev. Stat. Ann. §§ 23:1061 and 23:1063 because both the direct employer's insurer and the statutory employer's insurer were liable in solidary.

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Southern Treats, Inc. v. Titan Props., L.L.C., No. 40,873-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 19, 2006, Judgment Rendered
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Overview: Court erred in finding a 2-year commercial lease based on lessor's credibility; based on the facts, the parties had an La. Civ. Code Ann. art. 2668 oral and written agreement for lease of build-to-suit for 5 years with 2 5-year options to renew and rent of $ 2,250 a month calculated in accordance with agreed upon formula of 12% of building costs.

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State ex rel. J.P.A., JAC 05-1160, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 19, 2006, Opinion Rendered
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Overview: A court committed manifest error by not terminating a mother's parental rights where State proved by clear and convincing evidence that mother had not substantially complied with her case plan in the almost three years between time her children were placed in foster care and time of the trial, in contravention of La. Child. Code Ann. art. 1015(5).

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