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April 15, 2005


Wednesday's Opinions by LSC

Last Wednesday, the Louisiana Supreme Court issued a slew of opinions. Among them:

Suire v. Lafayette Parish Consolidated Gov't, holding that (1) pounding sheet metal into the ground with a backhoe is not "pile driving" under La. Civ. Code Art. 667; and (2) a defendant's payment to a plaintiff in exchange for plaintiff's agreement not to oppose defendant's motion for summary judgment is not a compromise; thus the trial court did not adjudicate a moot issue when it granted summary judgment.

All Star Advertising Agency, Inc. v. Reliance Insurance Co., setting forth how "reciprocity" is to be determined under the Uniform Insurers Liquidation Act (UILA), La. R.S. 22:757 through 22:763.

Johnson v. Marrero-Estelle Volunteer Fire Co. No. 1, holding that La. R.S. 33:1995 requires a volunteer fire company under contract with a parish government fire protection district to pay sick leave benefits for injuries to firefighters that occur off duty.

O'Brien v. Rizvi, holding that (1) the Patient's Compensation Fund has standing to intervene in and appeal a trial-court judgment granting a health-care provider's exception of prematurity, when the PCF contends that the health-care provider is not "qualified" under the Medical Malpractice Act; and (2) a physician not licensed by Louisiana to practice medicine is ineligible to participate in the PCF.

Posted by RPW at April 15, 2005 01:40 PM
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