Plaintiffs-appellants, Jody Allemand individually and in his capacity as tutor of his minor daughter, Emily, and his wife, Renee, appeal the trial court's judgment, which granted a motion for summary judgment in favor of defendant-appellant, Audubon Insurance Group (Audubon Insurance). The judgment dismissed, pursuant to the New Home Warranty Act (NHWA),1 plaintiffs' claims for damages for bodily injuries sustained by Emily and their resulting loss of consortium. We reverse in part and affirm...  

Defendant Northeast Louisiana Marine Institute, Inc. ("NLMI"), appeals a default judgment in favor of Plaintiffs, Robert Williams, Sr. and Fannie Williams, individually and on behalf of their minor son, Robert Williams, Jr. The trial court awarded Plaintiffs damages in the amount of $60,159.86. For the reasons stated herein, we reverse the judgment of the trial court and render judgment in favor of NLMI... FACTS... NLMI is an alternative school facility located in Tallulah, Louisiana....  

In this dispute concerning ownership of mineral rights, the plaintiffs, Martin Timber Company, LLC and Indigo Minerals, LLC, and plaintiffs in intervention, Crabapple Properties, Ltd., et al., appeal from the denial of the plaintiffs' motion for summary judgment and the grant of summary judgment in favor of the defendants, Pardee Minerals, LLC, et al., El Paso E&P Company, LP, Milagro Development I, LP, and Ceniarth, Ltd. For the following reasons, we affirm in part and reverse in part the...  

This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Randall P. Serrett, an attorney licensed to practice law in Louisiana but currently on interim suspension pursuant to a joint motion of the parties filed in July 2009. In re: Serrett, 09-1530 (La. 7/9/09), 12 So. 3d 348... FORMAL CHARGES... 07-DB-020... The Toucheck Matter... In 1998, Blayne and Balinda Toucheck hired respondent to assist them in an adoption,...  

Writ granted in part; case remanded. Relator alleges that his present constitutional claims (that the state violated the principles set out in Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) and its progeny) rest on facts not known to him or his attorney and which did not become known to him until he obtained portions of the district attorney's case file. Relator therefore appears to have raised a claim which falls under La.C.Cr.P. art. 930.8(A)(1), which provides an...  

Granted. As set forth by counsel at the hearing conducted on defendant's original motion to terminate probation, December 17, 2007, the court's overall sentence of seven years at hard labor contemplated that after defendant completed an executory four-year term of imprisonment, which ultimately entailed diminution of sentence ("good time") and early release on parole for the balance of the term, see La.R.S. 15:571.5 (A)(1), "the Court had been imposing an additional probation...  

Finding the Court of Appeal erred in failing to recognize and address the effect of Nunez v. Commercial Union Ins. Co., 00-3062 (La. 2/16/01), 780 So.2d 348, to the facts of this case and in reversing the District Court's dismissal of plaintiffs' claims against Woman's Hospital, we grant this writ for the limited purpose of clarifying the proper effect of the Court of Appeal's judgment... On January 19, 2003, Zaidra Grimes was admitted to Woman's Hospital in labor under the care of...  

For the reasons stated below, we delete the portion of the Court of Appeal's opinion awarding $5,000 in attorneys fees to the defendant Paul Henry Wagner for work performed on appeal, State of Louisiana, Department of Transportation and Development v. Paul Henry Wagner, 09-644 (La. App. 3 Cir. 12/9/09), 25 So. 3d 221. In all other aspects, we affirm as amended... This is an expropriation case between the Louisiana Department of Transportation and Development (DOTD) and the defendant-property...  

Finding the Court of Appeal erred in ruling the anonymous tip failed to generate reasonable suspicion for the officers' investigatory detention of defendant, Reginald Aites, we grant this writ to reverse the judgment of the Court of Appeal and to reinstate the District Court's judgment... On June 11, 2009, a Port Allen home was burglarized at which time a Browning Belgium shotgun, two watches, $3000, and liquor were stolen. Later that evening, the Chief of Police for the City of Port Allen...  

Chad Course appeals his conviction and sentence for third offense possession of marijuana, requesting only a review of the record for errors patent. Because such review finds no error, we affirm Course's conviction and sentence and grant his counsel's motion to withdraw... The State charged Course on May 21, 2009 with possession of marijuana, third offense, a charge to which he pled not guilty. On September 29, the court heard and denied his motion to suppress the evidence and found probable...  

Plaintiff, Gregory L. Dooley, Jr., appeals the trial court judgment granting a motion for summary judgment in favor of defendants, Wolfgang Teller, State Farm Mutual Automobile Insurance Co., and AIG Insurance Co., thereby dismissing Mr. Dooley's petition to nullify judgment. For the reasons set forth below, we affirm... FACTUAL BACKGROUND AND PROCEDURAL HISTORY... The present appeal in this automobile accident case stems from a discovery dispute. On June 29, 2007, Mr. Dooley filed suit against...  

Claimant, Mark Steven Wilson, filed a workers' compensation claim against his employer, General Motors Corporation, asserting that he sustained compensable injuries on January 31, 2008, arising out of a physical altercation with a coworker while working at the General Motors plant in Shreveport, Louisiana. General Motors contended that Wilson was the initial aggressor in the altercation and was therefore not entitled to workers' compensation benefits. Following a hearing, the Workers'...  

In this domestic violence case, defendant, Stanley Lee Reed, was convicted by a jury of attempted second degree murder and one count of aggravated burglary, and by a judge of two counts of aggravated assault. He was acquitted of a second count of aggravated burglary. The parties agreed pretrial that the jury would decide the felony counts and that the misdemeanors were to be decided by the trial court based on the evidence from the jury trial. He was sentenced to 28 years at hard labor without...  

In this child custody case, plaintiff, Willard Robertson, appeals the judgment of the First Judicial District Court, Parish of Caddo, State of Louisiana, which found in favor of defendant, Francine Robertson. For the following reasons, we affirm... FACTS... Willard, an attorney, and Francine Robertson were married in 1990. They have two children, Everett (age 14) and Alex (age 11). In 2005, Francine filed for divorce. In August 2005, the parties entered into a consent judgment which gave shared...  

Defendant, Bossier Parish School Board, appeals from a judgment finding it liable for the damages sustained by plaintiff, Shirley McCoy LeBlanc, when multiple shelves fell on her at the Bossier Parish School Board Resource Center. We affirm... Facts and Procedural Background... On June 30, 1997, plaintiff was instructed by her supervisor, Larry Powell, to go to the Bossier Parish School Board Resource Center to use some die cuts. Plaintiff was told to go on June 30th because on the next day,...  

Defendant-relator, the State of Louisiana through the Department of Transportation and Development, Public Works and Water Resources Division (the State), seeks a review of the trial court's judgment, overruling a peremptory exception raising the objection of prescription against the petition of plaintiffs-respondents, Carl Vaughn (in his individual capacity and as tutor of his minor children) and his wife, Netric. For the following reasons, the State's writ application is denied... FACTUAL AND...  

NOT DESIGNATED FOR PUBLICATION... As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by Robert J. Sampia has this day been... DENIED...  

Defendant, Deron James Williams, asserts on May 16, 2007, he was involved in an altercation. During the altercation, a Wildlife and Fisheries agent came upon the scene, and, according to Defendant, pulled a gun out and pointed it at Defendant. Defendant initially made a statement over the phone against the agent, but was advised to submit the complaint in writing. He eventually submitted a complaint in writing along with that of a corroborating witness. The complaint was investigated, and the...  

These consolidated matters involve a dispute over discovery compliance. The defendants, John Deere Limited and Deere & Company (also referred to collectively as "Deere"), brought this appeal, seeking reversal of the trial court's judgment sanctioning them for failure to comply with its discovery order. The plaintiff, Mary Phyllis Soileau, has answered the appeal, seeking additional sanctions. For the following reasons, we reduce the award of expenses, affirm in all other respects, and...  

NOT DESIGNATED FOR PUBLICATION... As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by Stanford H. McNabb has this day been... DENIED...