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| Henry v. S. La. Sugars Coop., Inc., No. 2006-C-2764,
SUPREME COURT OF LOUISIANA, May 22, 2007, Decided
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Overview: Since facts showed that moored barge used as dock was moored but still completely afloat, barge was not "ashore" under comprehensive general liability insurance policy and watercraft exclusion applied in this case to preclude coverage for accident in which plaintiff was injured when gangplank slipped as he was walking on gangplank.
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| Huggins v. Gerry Lane Enters., NO. 06-C-2816 c/w 06-C-2843,
SUPREME COURT OF LOUISIANA, May 22, 2007, Decided
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Overview: Allegedly injured party claimed that she slipped and fell on insured's premises. Insurer was declared insolvent, which triggered provisions of Louisiana Insurance Guaranty Association (LIGA), La. Rev. Stat. Ann. §§ 22:1375-1394. Policy did not extend coverage to occurrence because injured party stipulated that claim was less than $ 1,000,000.
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| In re Alfonso, No. 07-O-0120,
SUPREME COURT OF LOUISIANA, May 22, 2007, Decided
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Overview: Justice of peace was suspended for 30 days without pay for violating La. Code Jud. Conduct Canon 1, 2A, 2B, 3A(1), 3A(3), 3A(4), and 3C and La. Const. art. V, § 25(C) for issuing arrest warrant for her neighbor against whom she had admitted bias towards; her misconduct was willful, not negligent, and occurred in performance of her judicial duties.
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| In re Noe, No. 2005-C-2275,
SUPREME COURT OF LOUISIANA, May 22, 2007, Decided
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Overview: Where a medical malpractice action was filed 21 months after an injection by a nurse that allegedly injured the patient, the continuous treatment doctrine did not suspend the one-year prescriptive period under La. Rev. Stat. Ann. § 40:1299.47(B)(2)(a) and the claims against a nurse and against a doctor for vicarious liability were prescribed.
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| Sims v. Mulhearn Funeral Home, Inc., NO. 2007-CA-0054,
SUPREME COURT OF LOUISIANA, May 22, 2007, Decided
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Overview: A state trial court erred by declaring that La. Rev. Stat. Ann. 22:253(A), as amended by 2004 La. Acts 689, was unconstitutional; life insurance beneficiary's breach of contract suit was resolvable by applying unambiguous policy language limiting cash value of industrial burial policies to $500 each, thus, constitutional issue was reached in error.
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| State v. Frank, No. 1999-KA-0553,
SUPREME COURT OF LOUISIANA, May 22, 2007, Decided
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Overview: Defendant was provided with access to a mitigation expert who could have given assistance during the penalty phase of her capital trial, but she failed to take advantage of it. Consequently, defendant had not shown prejudice in not obtaining state-funded expert assistance or that she was denied a fundamentally fair trial under the Eighth Amendment.
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| State v. Kennedy, No. 05-KA-1981,
SUPREME COURT OF LOUISIANA, May 22, 2007, Decided
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Overview: Death penalty for aggravated rape of eight-year-old child, La. Rev. Stat. Ann. § 14:42, was not disproportionate under Eighth Amendment as 1) there were no factors that mitigated defendant's moral culpability for crime; 2) execution of child rapists would serve goals of deterrence and retribution; and 3) death penalty was proper for that offense.
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| State v. Langley, No. 06-KK-1041,
SUPREME COURT OF LOUISIANA, May 22, 2007, Decided
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Overview: A lower court erred in holding that a trial judge's absence during parts of the trial on remand was structural error. Rather, the absence was only trial error. As a result, the jury's verdict convicting defendant of the lesser-included offense of second-degree murder was an acquittal of the first degree murder charge for double jeopardy purposes.
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| Supreme Servs. & Specialty Co. v. Sonny Greer, Inc., 2006-C-1827,
SUPREME COURT OF LOUISIANA, May 22, 2007, Decided
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Overview: According to plain language of commercial general liability policy, under "work product" exclusion, there was no coverage for damage to concrete slab that had to be restored, repaired, or replaced because of defective work or defective product of insured and its subcontractors; court erred in granting insured's motion for summary judgment.
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