Livingston Autograph for Sale

Someone is accepting bids on an 1836 letter written and signed by Edward Livingston. Livingston was best known for authoring a Louisiana penal code in 1824. Though the code was not adopted, it brought him international fame for its simplicity and vigor. The code focused on criminal reform and prison discipline, which noticeably influenced the penal legislation of various countries.

Jury Orders Shreveport to Pay $764,265

In a follow up to a story posted Tuesday, a Shreveport Jury has ordered the city to pay Whitaker Construction $764,265 for work done above and beyond Whitaker's contract with the city. The Shreveport Times reports that Mayor Keith Hightower, incredulous at the decision, has vowed to appeal the ruling.

Supreme Court Declines Hearing on License Plate Case

The Advocate reports that the Supreme Court refused to hear an appeal involving South Carolina's issuance of specialty license plates to an anti abortion cause without issuing plates to a pro choice cause. In that case, the U.S. Fourth Circuit ruled that South Carolina violated the first amendment rights of the pro choice group. A suit involving Louisiana's "Choose Life" plates is currently being reviewed by the Fifth Circuit. Louisiana's plates were ruled unconstitutional by District Judge Stanwood Duval, Jr. in 1993.

Editorial Says Drug Sniffing Dogs are a Good Thing

An editorial in the Daily Advertiser today refutes the director of ACLU-Louisiana's contention that the recent Supreme Court Decision to allow drug sniffing dogs to sniff any car at a traffic stop regardless of whether there is a reasonable suspicion will infringe on our civil liberties. The editorial discusses the ongoing problems that drugs are causing in Lafayette and states that a majority of citizens approve of aggressive measures to interdict drugs.

5th Circuit Backs Juvenile's Azz Up

Law.com reports that the U.S. 5th Circuit has upheld a jury's finding that Terius Gray (aka Juvenile)'s "Back That Azz Up" did not infringe on Jerome Temple (aka D.J. Jubilee)'s "Back That Azz Up." Juvenile's song was a hit, sold more than 4 million CDs and grossed more than $40 million in sales. However, D.J. Jubilee's song failed to elevate either his bank account or his profile. D.J. Jubilee continues to work as a special education teacher.

Juvenile believed that the songs were substantially different and used different hooks; D.J. Jubilee's hook was the phrase "back that ass up" while Juvenile's was a sample from the Jackson 5's song "I Want You Back." After a 2003 trial, a jury ruled in favor of defendant Juvenile, finding that D.J. Jubilee failed to prove that his version of "Back That Ass Up" was substantially similar to Jubilee's version of "Back That Azz Up."

As a matter of fact, Chief Judge Carolyn Dineen King says she listened to both rap songs before issuing her opinion. "I don't know that I had to," says King, who admits she's not very familiar with rap music. "I'm interested in Brahms, but I did listen to it."

The Court's Opinion is located here. [pdf]

Monroe City Court Given a Second Chance

The News-Star reports that Monroe Mayor Jamie Mayo has delayed a plan to begin sending Monroe's criminal misdemeanor cases to state district court. The extended deadline, which has been moved to April 30, will allow the City Court a chance to find a way to replace city subsidies that have allowed the Court to operate in the red.

BellSouth Files Lawsuit Over Proposed Lafayette Fiber Project

The Daily Advertiser reports that BellSouth has filed suit in the 15th JDC against the City of Lafayette and its Utility Systems alleging that incorrect procedures are being used to issue bonds to pay for a fiber-optic cable project. The project, which will compete with BellSouth, has been a hot topic in the area for months and is being comprehensively covered by Mike Stagg at Lafayette Pro Fiber.

Jury Rules against Whitaker Construction

The Shreveport Times reports that the jury in US District Judge Don Walter's court has found that the City of Shreveport did not breach its contract with Whitaker Construction Co. The jury, however, still has to determine whether or not the City was unjustly enriched by the work that Whitaker performed out of the contract's scope. Accordingly, deliberations will resume again today.

K-Mart Drops Suit Against Alan Green

The Times-Picayune reports that Kmart Corporation has decided not to pursue the federal lawsuit it filed alleging that former 24th JDC Judge Alan Green and former bail bonds executive Norman Bowley rigged a 2001 slip-and-fall case against the company. Both Green and Bowley have been charged with federal racketeering charges, so Kmart has withdrawn its case reserving the right to re-file it after the criminal charges have been resolved.

Mardi-Gras Lawsuits

The Times-Picayune reports that an ex-member of the Krewe of Muses, lawyer Christine M. Mora, has filed suit against her former Krewe and Blaine Kern Mardi Gras World, Inc. in an effort to recover damages for injuries she incurred during last year's parade. The lawsuit, filed in Orleans Civil District Court, alleges that the driver of the float was negligent, which caused her to lose balance and strike her eye on one of the unprotected metal hooks used to hang beads. "Muses' captain, lawyer Staci A. Rosenberg, declined to comment on Mora's claim that she wrote and telephoned the krewe [asking it to pay her medical bills before she filed suit]."

They Didn't Fire Him the First Time?

An Avoyelles Parish Juvenile Detective was fired for forging a judge's signature, the Town Talk reports. The Detective, who was sharing a home with a Bunkie police auxiliary officer, signed Judge William Bennett's name to a custody form, releasing a minor child to his father - the Bunkie-officer roommate. The Detective was fired after the child was returned to the mother. Apparently, it was Deputy Ducote's second arrest in a year. In August, the 36-year-old pleaded guilty to criminal mischief after allegations surfaced that he and another man defrauded an insurance company.

Shreveport Official Claims Contractor Tried to Bilk City Out of $1 Million

The trial to determine whether the city of Shreveport owes an additional $5.2 million entered its fifth day Monday. The Shreveport Times reported that the court heard testimony that the contractor hired to complete renovations to Independence Stadium tried to avoid bankruptcy by billing the city an additional $1 million for work that had already been paid.

Odom Trial Delayed by Lack of Oath

The Advocate reports that the trial of Commissioner of Agriculture Bob Odom has been delayed until prosecutor Tony Clayton takes an oath of office and files it with the Secretary of State. The court rejected an argument by East Baton Rouge Parish District Attorney Doug Moreau that Clayton had already taken several oaths and did not need to have them filed with the Secretary of State.

Ieyoub Vying to Become Lobbyist for Jefferson Parish Schools

Former Attorney General turned lobbyist Richard Ieyoub is in the running to become a lobbyist for the Jefferson Parish School Board. However, the Times-Picayune reports that his assistant is under indictment. This is reason for concern for some members of the board.

New Orleans DA Opposes Release of "Heroin Lifers"

DA Eddie Jordan opposes the release of so called "heroin lifers" according to the Times Picayune. Many of these inmates were convicted years ago and sentenced to life in prison under the state's strict laws concerning heroin. According to article, the sentencing laws concerning heroin were recently relaxed but many of these people who were convicted in the 1970s are still serving life sentences.

LSU Shreveport Liable to Doctor

In an opinion with high drama deserving of a reality TV show, the Louisiana Supreme Court held LSUHSC (LSU Shreveport Medical School) liable for attempting to torpedo an otolaryngologist's career. Allegations of illicit weekend nose-job surgery and nasty letters to licensing boards were flying back and forth between Dr. Peter Driscoll, who had recently finished his otolaryngology residency at the medical school and Dr. Fred Stucker, the director of the program. The Supreme Court concluded that the trial court was correct in awarding over 1/2 million in lost wages to Dr. Driscoll, who was delayed in his quest to become a plastic surgeon. The opinion can be found here. [pdf]

Cardiologist Subject of Multiple Lawsuits

The Daily Advertiser reports that lawsuits continue to mount against Dr. Mehmood Patel, a well-known cardiologist with the Acadiana Cardiology Clinic. The lawsuits allege that Patel performed and charged for angioplasties and stent placements when he knew they were medically unnecessary. Patel is currently under federal investigation (related to Medicare billings) and is also facing disciplinary action by the Louisiana Board of Medical Examiners.

Monroe City Court Expected to See Fewer Cases

The News-Star reports that Monroe city government recently decided to start sending criminal misdemeanor cases to district court. As a result of the decision, the Monroe City Court system is expected to face drastic personnel and budget cuts.

Sabine DA Disputes Sister Helen Prejean

The Shreveport Times reports that District Attorney Don Burkett, of the 11th Judicial District, believes Sister Helen Prejean's newest book belongs on the fiction shelf. The book, Death of Innocents, asserts that Dobie Gillis Williams and Joseph O'Dell were innocently executed. "I don't know whether she is deliberately trying to mislead the public or if she's being mislead by others. But she's wrong," Burkett said of Prejean's review of Williams' case.

Rapides Sheriff's Office Goes Online

The Town Talk reports that the Rapides Sheriff's Office now has an official web site. "This is another technological tool that can help us solve [cold] cases," said sheriff's Maj. Herman Walters.

Oil and Gas Companies Dodge a Bullet

The Advocate reports on a Louisiana Supreme Court decision last week that found oil and natural gas companies are not obligated to fill in marsh canals under the terms of their leases. Ray Ward discussed the case on this site last week.

In writing the majority opinion, Chief Justice Pascal Calogero acknowledged that the case had "proven to be difficult" because it pitted the state's interest in restoring its tattered coast against "the equally important concerns of adherence to the law and respect for the rights of contracting parties."

Justice Scalia Speaks at Baton Rouge Holiday Inn

The Advocate reports on a speech made by Justice Scalia to the Knights of Columbus Council 969, which was celebrating its centennial.

Scalia praised "traditional Catholics" who say the rosary, go on pilgrimages, kneel during the Eucharist and "follow religiously the teaching of the pope," adding that "intellect and reason need not be laid aside for religion. It is not irrational to accept the testimony of eyewitnesses who had nothing to gain. There is something wrong with rejecting a priori (deductively) the existence of miracles."

The article notes that the Justice did not charge for his appearance.

Title Insurance to the Rescue

Kitty Says blogs about her recent experience with "home non-ownership."

Update in Whitaker Construction Trial

The Shreveport Times reports on the ongoing trial involving Whitaker Construction Co. and its renovations to the Independence Bowl in Shreveport. Whitaker claims that the City owes his former company more than $2 million related to change orders associated with the project. The City argues that the company had already been paid for the work. The disagreement arises out of whether the contract was only for a stipulated fee or for a per square-foot basis. Shreveport Mayor Keith Hightower testified Friday that the city never agreed to pay Whitaker per square foot, and that Whitaker was eager to sign the contract as it was.

Train with the FBI?

The Times-Picayune reports that the FBI's New Orleans Division is offering a seven-week Citizen's Academy, only open to 20 people, which will include training on evidence collection and firearm use. The Academy involves three-hour sessions one night a week and one Saturday session. "People interested must call 504-816-3001 to apply and must be willing to undergo a criminal background check and a credit check."

Lawyer Suspended for 2 Years

The Advocate reports that Baton Rouge attorney Hany Zohdy has been suspended from the practice of law for 2 years. According to the Louisiana Supreme Court, Zohdy "deliberately violated court orders, filed frivolous and unsupportable petitions, motions, and appeals, and made misrepresentations to the courts." Chief Justice Calogero argued, however, that the punishment was too harsh: "I believe the sanction chosen by the majority is excessive for the conduct of this conscientious, but perhaps nonproficient, attorney." The opinion is available here [pdf].

Lammico President Steps Down

BizNewOrleans reports that the longtime president of the Louisiana Medical Mutual Insurance Co. (Lammico) has stepped down. Chief operating officer, Henry J. Jumonville, will be leaving effective January 26, 2004 and will not be replaced according to CEO Dr. John E. Lemoine.

Implied obligation under mineral lease to restore property

Yesterday in Terrebonne Parish School Board v. Castex Energy, Inc., the Lousiana Supreme Court held "that, in the absence of an express lease provision, Mineral Code article 122 does not impose an implied duty to restore the surface to its original, pre-lease condition absent proof that the lessee has exercised his rights under the lease unreasonably or excessively."

Continuous treatment suspends med-mal prescription

In Carter v. Haygood, the Louisiana Supreme Court recognizes a continuing-treatment rule that suspends the running of prescription in a medical-malpractice case. "[T]he continuing treatment rule would require a plaintiff to establish the existence of (1) a continuing treatment relationship with the physician, which is more than perfunctory, during which (2) the physician engaged in conduct which served to prevent the patient from availing herself of her cause of action, such as attempting to rectify an alleged act of malpractice."

Prescription on birth-defect claim

In Bailey v. Khoury, decided today, the Louisiana Supreme Court considered a novel question:

whether the time limitation for filing a claim seeking recovery of damages arising from birth defects can be considered to commence at a time prior to the child’s live birth when, because of information gained from an ultrasound of the fetus, the unborn child’s parent was told both that the child had birth defects and that those defects were probably caused by the mother’s ingestion of drugs prescribed and dispensed by defendants.

The Court held that "prescription on both the mother’s claim on behalf of the child and the mother’s individual claim commenced on the later of the two dates–i.e., the date when the child was born. Because the mother’s original petition regarding the two claims was filed less than a year from the date of the child’s birth, we affirm the court of appeal judgment denying defendants’ peremptory exceptions of prescription."

Lafayette group challenges the I-49 route

The Advocate reports that a group suing the Federal Highway Administration over the planning process for Interstate 49 has filed a brief supporting its arguments. U.S. District Judge Tucker Melancon threw out the group's suit in August, but the group, represented by the Tulane clinic, now appeals to the 5th U.S. Circuit Court of Appeals.

Legal research assistance

Capital Clerks is an online legal research company that provides high-quality legal research to Louisiana law firms and legal departments. We are qualified law school students who are eager to assist you in researching your legal issues. To learn more about us, give us a call at 888-263-6625 or visit us on the web at CapitalClerks.com.

LSU Health Sciences Center must pay

The Shreveport Times reports that the La. Supreme Court, in a 4-3 decision, has ruled that LSU's medical school in Shreveport must pay a doctor $540,000 for failure to provide him with a hearing before it withdrew its recommendation that he take a test for certification as an ear, nose, and throat specialist. The doctor had completed six years of residency and received a letter of recommendation when the director of the residency program learned that the doctor had performed an "absolutely forbidden" nose job and lesion removal surgery in a LSUHSC clinic. During the trial, two years of requests for LSUHSC to produce a written policy against surgeries such as the one the doctor performed here went unanswered.

2L's Undergo Extensive Background Checks

The Greater Baton Rouge Business Report discusses the background checks required for second year law students by the Louisiana Supreme Court. The article touches on the comprehensiveness of the checks as well as the efforts of Chuck Plattsmier's office to root out unfit lawyers. As a second year law student, I can personally attest that not only is this report is absurdly long and detailed, but I had to pay for the pleasure of completing it. Luckily, I am confident that I will be approved, but I cannot imagine going through three years of law school only to be told that I cannot take the bar exam.

Car Trial Continues

The News Star reports that the United States is nearing the end of putting on its evidence in a case against several defendants alleged to have engaged in fraudulent practices at car dealerships throughout the state. The case is pending in U.S. District Court in Monroe.

Suit Seeks Class Action over Homestead Exemption

The Times-Picayune reports that several Orleans parish residents have filed lawsuit after they were denied their homestead exemption for this year by the Louisiana Tax Commission. Because Orleans Parish assesses taxes at the beginning of the year, a new law passed by the legislature has apparently resulted in larger tax bills for hundreds of people who purchased a home in New Orleans after August 1, 2004.

Former Department of Insurance Employee Pleads Guilty

The Advocate reports that Lylia Jackson, a former employee in the Louisiana Department of Insurance, pled guilty to one count of public bribery. A press release from the Attorney General's web site provides the following details:

Jackson was arrested in December 2003 for taking bribes to sell agent licenses to individuals not legally qualified. Pursuant to a plea agreement, Jackson was placed on two years active supervised probation and fined $500.00 plus court costs. Regina Duncan, an accomplice in this scheme and former Department of Insurance employee, pled guilty in November 2004 to one count of public bribery.

UPDATE: The original story published on The Advocate's site was removed, as it mistakenly indicated that Ms. Jackson was an employee of the Attorney General--a mistake repeated here. Accordingly, the above was corrected to note that Ms. Jackson was indeed an employee of the Department of Insurance. Our gratitude is offered to the alert reader that noticed the mistake.

Liskow and Lewis Opens Houston Office

BizNewOrleans reports that Liskow and Lewis has opened a Houston office.

Group Sues to Block Shreveport Convention Hotel

A group has filed suit to stop the issuance of bonds to construct a hotel next to the Shreveport convention center. The Shreveport Times reports that the group is suing because the initial bond election did not include a provision for a hotel. They also believe that the hotel is a money losing proposition, and the state funded competition will harm local hotels.

U.S. 5th Circuit Removes "Unduly Harsh Language" From Opinion

The 5th Circuit in New Orleans agreed to remove what it called "unduly harsh language" from its written rejection of ex-Louisiana Senate President Michael O'Keefe's request for a new trial. The Advocate reports that the court agreed to remove a description referring to one of O'Keefe's arguments as "highly misleading and a mischaracterization of the record."

Governor Pardons Civil Rights Activist

Governor Blanco pardoned Rev. Betty Claiborne yesterday, forty years after she was arrested in an attempt to use a segregated swimming pool in Baton Rouge. The Advocate reports that Rev. Claiborne was held in jail for 10 days following her arrest, but she feels that her actions were well worth it in the fight against segregation and racism.

New Contributors

Naked Ownership is pleased to welcome Adam Haney, Wayne Pearl, and Erika Williams as contributors to the site. All three are presently 2-L students at LSU and are also the proprietors of Capital Clerks, LLC, which is a company that is committed to providing Louisiana's legal community with reliable, low cost, and timely research. They are clearly a group that "gets" that the Internet is changing the practice of law and we look forward to their postings. The group will provide daily news updates using the "Capital Clerks" login ID.

Out-of-the-Box Resources

AJ Levy notes that the Louisiana Supreme Court now makes its Westlaw subscription available for free on two terminals in its library. Most law school libraries in the state also make resources freely available--if you make the effort to visit. For example, Loyola provides the excellent resources listed here (if you are not familiar with them, take the time to read the descriptions--especially for Hein Online and Wilson Web). LSU provides an even more exhaustive set of databases in its library.

UPDATE: AJ Levy notes that the law school libraries do not provide free access to Westlaw and Lexis. Generally, if an item on the LSU list is not freely available, it will indicate that a personal password and/or LSU ID is necessary for access.

Follow-ups on Rideau

The Times-Picayune reports on Wilbert Rideua's first day as a free man. In the time since his release, Rideau has already been contacted by "Nightline," "Dateline NBC," and the "Today" Show, in addition to book and movie agents. Apparently a pragmatic, Rideau has conducted a few interviews already, but indicates that he will take time to evaluate his options, noting:"I don't even have health insurance. I guess I'll see what offers come in."

The Advocate also offers this AP story, which provides a few insights into his prison life and outlines some of his future plans.

City of Shreveport and Contractor Begin Trial on Tuesday

The Shreveport Times reports that the trial of claims filed by Whitaker Construction against the City of Shreveport will begin on Tuesday in U.S. District Court Judge Don Walter's courtroom. The company is seeking compensation for costs associated with its renovations of the Indenpendence Bowl in 2001. The project, which bankrupted the company, also resulted in the arrest of the company president on charges of failing to pay subcontractors, as noted here.

Former DeSoto Parish Clerk of Court Dies

The Shreveport Times reports that former longtime DeSoto Parish Clerk of Court Wade Alvin Porter Jr. died Sunday after a brief illness. Mr. Porter, who served the community for 36 years, was 81.

Wilbert Rideau freed

Last night, a jury convicted Wilbert Rideau of manslaughter for a 1961 homicide. The judge imposed the maximum sentence of 21 years' imprisonment. With credit for time served, that makes Rideau a free man. News outlets covering the story include theTimes-Picayune and Fox News. AP has a timeline of Rideau's case. And this web site by Loyola University's Twomey Center has more information about Rideau.

What Constitutes a Crack Pipe?

New Orleans Police arrested a clerk and shop owner for selling what were described as crack pipe kits. The Times-Picayune describes the difficulty in prosecuting certain drug paraphernalia cases.

Malpractice Insurance Rates Drive Tort Reform

Medical malpractice insurance premiums are driving the issue of tort reform across the country. A New York Times article (registration required) states that in some states Democrats and Republicans are banding together to institute limits on medical malpractice awards.

Flood of suits to follow Supreme Court's sentencing decision?

The Advocate reports that the Supreme Court's decision to strike down part of the federal sentencing guidelines could lead to litigation as prisoners seek to have their sentences overturned. The Court's decision leaves federal prosecutors waiting for advice from higher-ups in the Department of Justice.

Dissolution of contract dissolves stipulation pour autrui

Judge Dennis wrote an interesting decision for the Fifth Circuit in Shaw Constructors v. ICF Kaiser Engineers, Inc., filed Dec. 30. The decision is a study of the interaction between the Louisiana Private Works Act and the Louisiana Civil Code articles governing third-party beneficiaries of contracts and dissolution of contracts.

What happened: A subcontractor performed its part of the work in building a facility at an industrial plant. In the subcontract with the general contractor, the subcontractor waived its right to file claims or liens against the owner’s property. When the general contractor materially breached its primary obligation to pay the subcontractor the balance due for its work on the owner’s facility, the subcontractor filed claims and privileges or liens against the owner’s property and sued the owner under the Louisiana Private Works Act (“LPWA”). The owner filed a counterclaim, as third party beneficiary of the subcontract’s lien waiver provision, seeking to enforce the lien waiver and to cancel the liens filed.

The Fifth Circuit reversed the magistrate court’s holding that the subcontractor may not raise against the owner third party beneficiary’s demand the defenses it could have raised against the general contractor. Instead, the Fifth Circuit rendered summary judgment sustaining the subcontractor’s right to regard the subcontract as dissolved and the parties restored to their pre-contract positions, due to the general contractor breach of the subcontract. Because the subcontract was dissolved, the owner and third-party beneficiary could no longer obtain the benefit of the lien waiver in the dissolved subcontract.

Rideau's Fourth Trial Begins Monday

The News Star reports that Wilbert Rideau's fourth trial is set to begin with jury selection in Monroe. The judge has imposed a gag order on the attorneys, including defense lawyer Johnnie Cochran, and has also moved jury selection from Lake Charles to Monroe because of leaks to the news media.

Got a problem? Legislate it.

The Town Talk reports that 29 of the 930 new laws passed by the 2004 legislature went into effect on January 1, 2005. Unless the associated bill stipulated a different effective date, remaining laws went into effect on August 15, 2004.

The newly effective laws stretch from the mundane (i.e. regulations governing water temperature at laundry mats) to the high-profile (i.e., White Lake Property Advisory Board under the state Department of Wildlife and Fisheries took over management of the White Lake Preservation Area). It is also noteworty that "mortgages can [now] be recorded in courthouses using only the last four digits of one's Social Security numbers, repealing a 1991 requirement that the full Social Security or taxpayer identification number be included."

Capital Punishment in Louisiana

The Times-Picayune reports that 88 await execution on Louisiana's death row. The story provides statistical comparisons on capital punishment from across the country and also notes that Orleans parish has "counted its seventh year without a single death sentence, despite ample opportunity and a high murder rate."

Local Tsunami Relief Effort

Ray Ward notes the efforts of a Metaire attorney and the Asian Pacific American Society (APAS) of greater New Orleans.

Electronic Discovery Decision in EDLA

Electronic Discovery Law posts about a case with electronic discovery implications in Louisiana.