Eatel Files Suit Against Lucent

The Advocate reports that Eatel Corporation has filed suit against Lucent Technologies seeking recovery of about $1.2 million that it says it paid for software that should have been provided at no cost. "It really is a sad thing, because this is a vendor with whom we've been doing business for a number of years and still have ongoing relationship," Eatel President Dan Ahern said. "But this was a significant amount of money, which we thought we were taken advantage of."

Who Will Judge Lee?

The Advocate reports that the East Baton Rouge District Attorney's Office submitted evidence that Charlotte Pace was alive after 12:00 PM on the day that she was killed, a fact that will be at issue in determining which judge presides over the trial of Derrick Lee. At issue is whether the duty court judge, who will be assigned the case, assumed duties at noon on Friday as custom goes in the 19th JDC or whether the written rules, which indicate Monday morning, are applicable.

Attorney General Opinions From July 21-25

Written legal opinions are case-specific and are intended to be used and interpreted by the requestor. To order a copy of the full opinion, please contact the Louisiana Attorney General's Office at 225-342-7013.

#03-0218
A Town may permit a religious non-resident group to use a town building to hold bible studies upon payment of a set fee schedule. (Rutledge)
Op to Mayor Tony Laughlin, Elton, LA
Date Released: July 22, 2003

#03-0268
Act 262 of 2003 enacting La. R.S. 41:151 is not applicable to the acceptance of donations of immovable property by post-secondary system management boards. (Carpenter)
Op to P. Raymond Lamonica, Louisiana State University System, Baton Rouge, LA
Date Released: July 25, 2003

#03-0234
The DeSoto Parish Police Jury is within its authority to dissolve the Board of Commissioners of Waterworks District Number 1. If a vacancy occurs on the commission, for whatever reason, the appointing authority has the power to fill the vacancy. (Pitman)
Op to Honorable Ron Bean, State Senator, Shreveport, LA
Date Released: July 25, 2003

#03-0266
In accordance with LSA-R.S. 11:423, Department of Education may not pay the interest accrued on and attributable to employee’s portion of contributions necessary for employee to receive prior service retirement credit. (Barham)
Op to Mr. Cecil J. Picard, State Superintendent of Education, Baton Rouge, LA
Op to Mr. Frank H. Perez, Department of Health and Hospitals, Baton Rouge, LA
Date Released: July 25, 2003

#03-0068
Discussion of donation of public property. (Hess)
Op to Honorable Bryant O. Hammett, Jr., State Representative, Ferriday, LA
Date Released: July 25, 2003

Copeland Denied Request for Secrecy

The Times-Picayune reports that 24th JDC Judge Liljeberg rejected Al Copeland's secrecy petition and refused to seal the court record in the ongoing custody battle. Liljeberg will instead consider sealing documents on a case-by-case basis. The article details the custody dispute's relationship to the corruption scandal currently plaguing the 24th JDC.

Former School Superintendent Sues School Board

The Town Talk reports that former Rapides Parish school superintedent Betty Cox has been retained by a school secretary to sue the school board for damages allegedly arising from a moldy ceiling tile. Cox had a rocky tenure with the Rapides Parish Schoolboard from 1994 to 1998 that included lawsuits filed against most of the board and ended with her acceptance of $1.7 million to leave the position. Cox subsequently went to LSU law school and Bergeron, the school secretary, sought Cox to represent her claims.

Rail Worker Files Suit Against KCS

The Advocate reports that a Kansas City Southern Railway switchman injured by a remote-controlled locomotive last March is now suing the company for $3 million. The article notes that several accidents related to the remote controlled cars have occurred at the switching yard.

Owen Subject of Third Filibuster

The Times-Picayune reports that Senate Democrats blocked the appointment of Priscilla Owen to the United States Fifth Circuit Court of Appeal in New Orleans for the third time yesterday.

Foster Paroles Two

The Associate Press reports that Governor Foster granted a pardon to a terminally-ill inmate and a woman who served 20 years of a life sentence. Cheryle Hayes claims she was framed by the then district attorney after an affair soured. Governor Foster's actions in both cases followed the recommendations of the Pardon Board.

Mosquito Tax Challenge Going to LA Supreme Court?

The Times-Picayune reports that the town of Church Point has appealed a decision of the Louisiana Third Circuit Court of Appeal that refused to strike down a mosquito control tax approved earlier this month. The town argues that the mosquito control district didn't have the authority to call the election, but both the district and appeal courts refused to address the constitutional issues, finding that the town had filed its complaint too late.

Both Sides Claim Victory in Tobacco Case

Not surprisingly, The Times-Picayune reports that both sides in the New Orleans tobacco case are claiming victories after the jury returned a mixed verdict on Monday. The decision will be appealled by the tobacco companies.

State Grand Jury Charges Two NOLA Cops

The Times-Picayune reports that two New Orleans Police Officers were arrested on state payroll charges after they were indicted by a special grand jury in New Orleans. The officers were allegedly claiming departmental pay while working paid off-duty jobs. The charges "seem to be breaking a long-standing pattern of leaving it to federal prosecutors to handle corruption cases" says the Metropolitan Crime Commission.

14th JDC Begins Video Arraignments

The American Press reports that the 14th JDC and the Calcasieu Correctional Center have started to conduct video arraignments using computer technology. The program was implemented in April 1998, but suffered setbacks because of inadequate bandwidth. Hopefully the recent installation of a T-1 line will prevent future problems.

Hicks Takes Place on Federal Bench

The Times reports on the entertaining swearing-in ceremony of US District Judge Maurice Hicks in the Western District of Louisiana.

Jurors Return Split Tobacco Verdict

The Times-Picayune reports that a New Orleans jury decided that tobacco companies should pay for programs to assist individuals in quitting smoking, but rejected the plaintiffs' request to finance medical tests and monitoring for smokers. The decision ends the first phase of the trial; the second will require the same jury to select the smoking-cessation programs and the third phase will require the judge to determine how much the companies must pay to fincance the programs.

Plea Bargain No Barrier to State Civil Suit

The Advocate reports that 19th JDC Judge Duke Welch ruled that the state can sue former riverboat casino owner Robert Guidry, regardless of the fact that he was granted inmmunity for his testimony against Edwin Edwards. Guidry agreed to pay $3.5 million in fines and forfeitures as part of his plea bargain and argued that the district attorney's agreement should block the state from seeking additional damages.

Baton Rouge Firms Beginning to Market

The Baton Rouge Business Report reports on the marketing efforts of some of Baton Rouge's larger law firms. "Most law firms devote between 2 percent and 5 percent of their gross revenue to marketing efforts," says Kean Miller's Steve Boutwell." The article makes an interesting comparison of these marketing efforts to those of E. Eric Guirard, who spends 25% of his estimated $8 million annual income on marketing and advertising.

Principals Must Report Crimes on Campus

According to the Town Talk, the law says principals must report crimes on campus.

Choose Life Decision Affects Other Causes

The Times reports that U.S. District Judge Stanwood Duval's decision to halt the sales of specialty license plates has delayed a program aimed at reducing the number of feral cats and dogs.

Calcasieu Parish Clerk of Court Candidates Present Platforms

The American Press reports that candidates for Calcasieu Parish Clerk of Court presented their platforms and plans during a forum Thursday, sponsored by the Family Law Section of the Southwest Louisiana Bar Association.

Monroe Mayor Writes to United States DOJ

The News-Star reports that Monroe Mayor Jamie Mayo has written a letter to the United States Department of Justice notifying the department of rising tensions betweent the Monroe police department and city officials. The dispute is related to pay raises.

"It is my opinion that this issue has the potential of becoming hostile and divisive," Mayo wrote. "It is my purpose to make you aware of the issue in the event the situation escalates, affecting the safety and wellbeing of our citizens, as well as myself and family personally."

Prosecutors Want Five-Year Old to Testify

The Advocate reports that the first-degree murder trial of Edward T. Washington, Sr. was halted yesterday after prosecutors attempted to place the defendant's five-year old son on the stand. The child, who was two at the time of the crime, was the only person to survive an attack in his home in April 2000. The attack left four people dead, including his mother. Judge Bonnie Jackons said it would take all of Thursday afternoon to adequately research the law and indicated that this should have been litigated prior to trial.

Coach Saban Deposed in LSU Suit

The Advocate reports that LSU football coach Nick Saban gave his first deposition ever on Thursday. The deposition was related to two lawsuits filed by former kinesiology instructors at LSU that allege academic fraud involving the football program. "LSU admitted to five secondary NCAA violations as it completed its investigation and awaits NCAA rulings on its case."

Tobacco Case Goes to Jury

The Advocate reports that the class-action tobacco case was handed to the jury yesterday.

Lolley Announces Candidacy for LA 2nd Circuit Court of Appeal

The News-Star reports that Fourth JDC Judge Larry Lolley formally announced his canidacy for a seat on the Louisiana 2nd Circuit Court of Appeal. Lolley's only opponent at this time is former Ouachita Parish Sheriff Chuch Cook.

Jefferson Corruption Probe Results in Another Sentencing

The Times-Picayune reports that Metairie car dealer Joe Perez was sentenced to 20 months of prison by US District Judge Vance. Perez was convicted of possession with intent to distribute and the article indicates the ex-judge Bodenheimer had offered to assist Perez by helping him to conceal his drug smuggling. The article provides a summary of the convictions resulting from the Gretna courthouse investigation to date.

NOLA Tobacco Trial Begins Wrap-Up

The Times-Picayune reports that the parties in the tobacco class-action in New Orleans began presenting closing arguments yesterday. The jury is expected to begin deliberations this afternoon.

The lawsuit asks the jury to declare that the companies plotted to sell an unreasonably dangerous product. Instead of money, the suit asks that the companies be made to pay for smoking cessation aids for people who want to quit cigarettes and for annual medical tests to detect latent smoking-related illnesses.

The Journal of Appellate Practice

The Journal of Appellate Practice and Process has published the first law review article devoted to the topic of blawgs, titled Legal and Appellate Weblogs: What are they, Why you should read them, and Why you should consider starting your own. The article was written by two established blawgers, Gary O'Connor of Statutory Construction Zone and Stephanie Tai of blueblanketblog and they actually mention this site in a footnote.

Loyola Law Grad to appear in PBS FBI Documentary

The Times-Picayune reports that Cassandra Chandler, a graduate of Loyola Law School, and now the acting director of the FBI's Office of Public Affairs will appear in a documentary to air on PBS tonight. The article indicates that the documentary makers had unprecedented access to the FBI for the making of the film, including three days with Director Mueller.

St. Tammany to Dedicate New Courthouse Friday

The Times-Picayune reports that St. Tammany Parish officials will officially dedicate the new parish courthouse in a ceremony on Friday morning.

Public Defenders Burdened with Heavy Work, Little Money

The American Press reports on a study of the Calcasieu Parish jusicial system that will be released by the American Bar Association today. The report indicates that public defenders have difficulty providing adequate representation because of heavy caseloads and inadequate funding.

"The report confirms what many of us have known for a long time: indigent criminal defendants do not receive a fair defense," said Tom Lorenzi, president-elect of the Southwest Louisiana Bar Association. "When it takes an average of almost a year and a half for a case to come to trial, the system is clearly broken."

Russell B. Long Chair to be Created at LSU

The Times reports that a contribution made to the LSU Law Center through the estate of the late Senator Russel B. Long will fund a $1.7 million endowed chair in his name. The contribution was the result of a charitable life insurance policy that Metropolitan Life Insurance Co. provided to Long for his service on its board of directors.

Father of Alleged Victim Files Suit Against DeSoto School Board

The Times reports that the father of a 16-year old girl who alleges that she was forced to engage in oral sex with five male basketball players on a bus returning from a game in January has filed suit against the DeSoto Parish School Board and its insurer. The boys have been expelled and the lawsuit was filed using names like Jane Doe to protect the privacy of the victim. The criminal investigation has been ongoing.

Louisiana Sheriff Subject of Copyright Suit

The Times-Picayune reports on a lawsuit filed against the Sheriff of Claiborne Parish, which alleges that inmates and visitors to the Claiborne Parish Detention Center can buy pirated copies of recordings. The Department of Corrections says it will investigate, but the computers involved supposedly don't have Internet access. Sounds like some enterprising inmates found a way to make a few bucks.

Housing Court Coming to Baton Rouge?

The Advocate outlines a proposed "housing court" in the works in the Baton Rouge City Court. The court would coordinate functions between multiple agencies that are related to landlord/tenant and developer relationships. Further, like it's model the "People's Court," the plans are to televise the proceedings.

Rapides Parish Schoolboard Still Involved in Desegregation Suit

The Town Talk reports on the desegregation efforts of the Rapides Parish Schoolboard. A new high school will be opening soon, but the Peabody Magnet High School principal is concerned that he will not have enough qualified teachers.

Whitaker Waives Extradition

The Times reports that Shreveport contractor Joe Whitaker waived extradition in federal court on Thursday and will be returned to Monroe to face criminal charges for allegedly failing to pay subcontractors for a hospital project.

Times-Picayune Asks Court to Refuse Copeland Secrecy

The Times-Picayune reports that it went to court in the 24th JDC (Jefferson Parish) in opposition of Al Copeland's efforts to seal the public record and to close hearings in his domestic dispute that has been at the center of the corruption investigation.

Judge Gives Preliminary Approval to EBR School Desegregation Settlement

The Advocate reports that U.S. District Judge Brady gave his preliminary approval to a proposed settlement that will end the 47-year-old desegregation case in East Baton Rouge. The article also provides details on the content of the settlement.

19th JDC DA: Lee Defense Team should Follow Procedures

The Advocate reports that Doug Moreau, district attorney for the 19th JDC (East Baton Rouge Parish), claims that defense attorneys for accused serial killer Derrick Lee should follow state law in seeking additional funds for Lee's defense. Moreau says that money should be requested from the Louisiana Indigent Defense Assistance Board if the local Public Defender's Office does not have the money to provide a defense.

Shreveport Businessman Arrested

The Times reports the arrest of contractor Joe Whitaker. Whitaker, who was preparing to leave today to assume the position of senior advisor to the Iraqi Minister of Health, was arrested in El Paso, Texas on allegations of "contractors' misapplication of payments." Whitaker's company, Whitaker Construction, was once Louisiana's third-largest construction firm, but was forced into bankruptcy last year. The company has been involved in several high profile projects and has recently been involved in lawsuits with the City of Shreveport related to renovations of Independence Stadium (see here).

Grand Jury Hears Testimony from 24th JDC Secretary

The Times-Picayune reports that a grand jury heard testimony related to the alleged misconduct of Judge Alan Green, a subject of the ongoing federal probe in the 24th JDC (Jefferson Parish). Judge Green's secretary and employees of Bail Bonds Unlimited testified Wednesday before the grand jury.

State Health Officials Seek Settlement Modification

The Times-Picayune reports that the Louisiana Department of Health and Hospitals has asked a federal court for permission to modify a legal settlement requiring the state to provide home-care attendants for Medicaid patients. The request offers a waiver program as an alternative, a modification that DHH Secretary David Hood characterizes as "win-win" becuase it helps the Legislature control costs and allows for a broader range of people to qualify for in-home care.

EBR Desegregation Lawsuit Nears End as Plaintiffs Withdraw

The Advocate reports that two original plaintiffs to the East Baton Rouge school desegregation case have indicated they will withdraw from the case, rather than sign the final settlement agreement. The plaintiffs indicate they do not agree with the settlement, but have chosen to withdraw because continuing to fight " would be too divisive to the black community." According to US Attorney David Dugas, only procedural matters remain to be resolved.

Traffic Tickets Costly for Shreveport Attorney

The Times reports that Shreveport councilman and attorney Calvin Lester has been barred from practicing in federal court until 2005 after he failed to appear at an appeal hearing related to his suspension. The article outlines the significant problems Lester has caused himself by failing to address traffic citations and neglecting to show up in court--both as an attorney and a defendant.

NOLA Boys Found Guilty in School Shooting

The Times-Picayune reports that two boys, who were 13 at the time, were found guilty of a shooting that took place at New Orleans' Carter G. Woodson Middle School in 2000.

The 2.5-year-old case had stalled in part because it drew a constitutional legal fight, with the teens' attorneys demanding a jury trial, which doesn't exist in the juvenile system, where judges make all decisions

Things Get Interesting in EBR Desegregation Case

The Advocate reports that counsel for the original plaintiffs in the East Baton Rouge desegregation case, Gideon Carter and Norman Chachkin, have been granted approval to withdraw from the case. Although a memorandum of understanding has been signed by all of the parties, a final settlement has not been reached. It is unclear as to why the attorneys intend to withdraw, but the article indicates that at least one of the plaintiffs is unhappy with the proposed settlement.

Nagin May Sue NOLA Tax Assessors

The Times-Picayune reports that New Orleans Mayor Ray Nagin is considering lodging complaints with the state Tax Commission or even filing a lawsuit against the City's seven property assessors. Nagin alleges that the assessors undervaluation of property has resulted in a lost tax revenue of $10 to $20 million dollars.

Three 19th JDC Judges Out

An editorial by The Advocate outlines problems that judges in the 19th JDC are experiencing, thereby requiring that they take time away from the bench. Three separate judges have been out for an extended period of time: (1) Judge Mike Erwin has recently undergone successful hip replacement surgery; (2) Judge Wilson Fields has been fulfilling his duties as a judge advocate general in the Louisiana National Guard; and (3) Judge Don Johnson is apparently taking a month-long vacation.

St. Martin Officials Not Liable Rules Louisiana Supreme Court

The Advocate reports on a decision of the Louisiana Supreme Court that holds the St. Martin Parish Sheriff's Office not liable in an accident that left the parents of ten children dead. The couple died when they ran into a truck loaded with creosote poles that was backing onto La. 94 at night. The suit alleged that the Sheriff's Office was negligent for failing to respond to the driver's calls for assistance.

EBR Desegregation Court Monitors Out of Job

The Advocate reports that Judge Brady has suspended the work of two of three court monitors assigned to the EBR Parish school desegregation case as the case appears headed towards a final settlement. The article provides a brief history of the relationships that the monitors had with the school community

Back to regularly scheduled posting. . .

I am happy to say that we have completed our move and that Internet service is up and running in the new place. Posting should return to normal beginning this morning.

Closing Arguments set in NOLA Tobacco Trial

The Times-Picayune reports that attorneys involved in the tobacco trial are preparing for closing arguments nearly six months after testimony began. The class-action suit will decide if the tobacco industry should pay for medical monitoring for healthy smokers.

Ex-congregation Sues Pastor

The Advertiser reports that an alienated Shreveport congregation has filed suit against their former pastor. The former members of Riverside Baptist Church allege that the pastor, Lee Jenkins, changed the church's theology and practice in 2000, thereby alienating a large number of the congregation. They allege that the pastor then illegally donated the church to the new congregation, which is about to be sold for $1.5 million.

LA Supreme Court Decision to Impact Selection of Grand Juries

The Times-Picayune reports on a Louisiana Supreme Court decision handed down last week that rules local or special laws concerning the criminal justice system unconstitutional. The decision was the result of numerous challenges raised against New Orleans' grand jury selection system, which provides for judges to select grand juries. The article details how the rule is an artifact of the Jim Crow laws, but how race was not considered in the Supreme Court's decision.

Regulating Gambling in LA

The Times-Picayune provides a retrospective on Louisiana's regulation of gambling as the ten-year anniversary of riverboat casinos in the state approaches.

Federal Court Upholds Louisiana Ban on Foreign Lawyers

The Times-Picayune reports that Eastern District Judge Jay Zainey sided with the Louisiana Supreme Court in a case brought by foreign lawyers who sued to take the Louisiana Bar Exam. The article notes that the 63-page decision found the plaintiffs had standing but that Louisiana was within its rights to exclude foreign lawyers living in the United States on temporary visas from the examination.

First Circuit Mediation Pilot Program Approved

The Advocate reports that the Louisiana Supreme Court has approved a pilot mediation program for the Louisiana First Circuit Court of Appeal. The Supreme Court will fund the voluntary program, which will provide for a free mediation within 60 days of an agreement to participate by all parties. The program is modeled after the system that is used in the federal courts, specifically the Fifth Circuit.

Bryan White Begins to Serve Sentence

The Times-Picayune reports that Bryan White, Al Copeland's top corporate attorney, began serving a one-year sentence at a low security federal camp in Pensacola, Florida.

LA Supreme Court Disbars Four and Suspends Four More

The Advocate reports that the Louisiana Supreme Court permanently disbarred four attorneys and suspended another four on Friday. The violations ranged from failure to pay taxes to interfering with a federal investigation.

Update

Things will be light around here for this week, and maybe next, as my morning commute has gotten significantly longer until I move.