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	Louisiana Supreme Court - Wikipedia, the free encyclopedia
		Justice Traylor is from Monroe, Louisiana and represents the Fourth Supreme Court District of Louisiana.
		Justice Kimball is from Ventress, Louisiana and represents the Fifth Supreme Court District of Louisiana.
		Justice Weimar is from Lafourche Parish, Louisiana and represents the Sixth Supreme Court District of Louisiana.
	en.wikipedia.org /wiki/Louisiana_Supreme_Court (1433 words)

	Jones Walker Products Liability E*Zine
		Two of the Louisiana Supreme Court Justices, Victory and Traylor, dissented, contending that the presence of two DOTD vehicles rather than one would not have prevented the accident since it was likely that the plaintiff would simply have run into the first vehicle he came to.
		Moreover, the court concluded that though there did exist conflicting instructions on the use of the toe clips in the 1986 owner’s manual and later editions of the manual, all manuals contained an admonition that the toe straps must be loose for a cyclist to remain upright when stopped.
		The court also determined that Matherne did not show the existence of an alternative, safer design that would have provided the same benefits nor did he show that the utility of the toe clips was outweighed by their risk of harm.
	www.jwlaw.com /db30/cgi-bin/pubs/productsvol36.htm (3785 words)

	FORC:Journal Winter 1998-99: LOUISIANA SUPREME COURT UPHOLDS THE CONSTITUTIONALITY OF "NO PAY, NO PLAY" ... (Site not responding. Last check: 2007-11-02)
		Moreover, the Court held that the interpretation advanced by the Plaintiffs would render the Act superfluous, would result in no change in the current law, and would produce absurd consequences, since under the concept of comparative fault, the fault of persons who cause accidents was already accounted for when their recovery was proportionally reduced.
		Further, the Court held that the Plaintiffs had misapplied the concept of comparative fault since the amount of damages recoverable was first ascertained and then reduced in proportion to the degree of percentage of negligence attributable.
		The Court further held that after examining the reasons for the legislature’s actions, it could not be said that the actions were arbitrary or irrational, and the Act was not violative of the Plaintiffs’ right to due process.
	www.forc.org /journal/winter98/win98.99.1.htm (1681 words)

	Louisiana Supreme Court Rejects Challenge to Sodomy Law
		A majority of the Louisiana Supreme Court ruled on July 6 that the state’s law criminalizing "crime against nature" as a felony does not violate the right of privacy under the Louisiana constitution.
		In effect, the court’s opinion holds that new constitutional provisions, to the extent they restrict the power of the state legislature, only restrict it from passing new laws, and not from continuing old laws in effect.
		Smith appealed to the Louisiana 4th Circuit appeals court, which reversed his conviction, finding that the Louisiana constitution’s express protection of an individual right of privacy made it improper to apply the state’s sodomy law to non-commercial sexual conduct between consenting adults in private.
	www.sodomylaws.org /usa/louisiana/laeditorials001.htm (1142 words)

	Recent Louisiana Law Cases From the Louisiana Courts
		The appeals court found that the sentence was excessive and remanded the case to the trial court for re-sentencing.
		The court found that this was not lewd conduct and therefore the marijuana was not admissible.
		A jury awarded plaintiff $20,000 which the trial court increased to $50,000 in a judgment NOV. The increase was upheld on appeal since the original award was abusively low and the increase within the court's discretion.
	www.la-legal.com /courts.htm (1653 words)

	Skinner. et al v. Louisiana, US Supreme Court, January 27, 1969
		Louisiana, 391 U.S. Petitioners argued before this Court that they were denied due process of law because the trial court refused to declare a recess, but instead allowed the trial to continue until nearly 3 a.
		The Louisiana Supreme Court held that the record indicated that Gill had conducted a vigorous defense, reserving bills of exception and engaging in colloquy with the court.
		Gill made it clear to the court that he was suffering from diabetes and that the length of the day's trial and the lateness of the hour had exhausted him.
	www.druglibrary.org /SCHAFFER/legal/l1960/skinner.htm (1243 words)

	Contract Issues: Louisiana Supreme Court Limits Restrictive Covenants (Site not responding. Last check: 2007-11-02)
		The district court and the Court of Appeal both denied the request for injunctive relief.
		The Supreme Court decided to hear this case to resolve a split in the state courts of appeal regarding the permissible scope of restrictive covenants.
		In its analysis of the restrictive covenant statute, the Supreme Court focused on the phrase "engaging in a business." The court concluded that the legislature intended this exception to apply only to former employees and agents (i.e., independent contractors) who attempted to establish competing businesses and/or tried to solicit customers of the former employer.
	www.aaem.org /contractissues/restrictivecovenants.shtml (725 words)

	On The Ropes: Louisiana High Court Strikes A Major Blow Against Cockfighting
		In an opinion that will put the squeeze on cockfighters in the state, the Louisiana Supreme Court on Thursday upheld a Caddo Parish ordinance banning cockfighting, reversing two lower court decisions that found the ban to be beyond the power of local authorities under the state constitution.
		After the Louisiana Supreme Court agreed to review the case, attorneys for The HSUS submitted arguments to the court explaining why those decisions should be reversed, which the high court ultimately did.
		In 2004, the Oklahoma Supreme Court, without dissent, affirmed the constitutionality of a 2002 ballot initiative—passed by an overwhelming majority of voters—which made cockfighting activities a felony offense.
	www.hsus.org /hsus_field/animal_fighting_the_final_round/recent_activities/louisiana_high_court_against_cockfighting_in_caddo_parish.html (1063 words)

	State supreme court - Wikipedia, the free encyclopedia
		Appeals from the appeals court are heard by the supreme court if the law provides for mandatory review of their cases (Such as for cases that deal directly with the state constitution), of if the supreme court chooses to grant certiorari.
		Louisiana Supreme Court (formerly the "Superior Court of Louisiana" and the "Superior Court of the Territory of Orleans")
		Supreme Court of Virginia (formerly the "Supreme Court of Appeals")
	en.wikipedia.org /wiki/State_supreme_court (1076 words)

	SLU News-Louisiana Supreme Court (Site not responding. Last check: 2007-11-02)
		Chief Justice Calogero was elected to the Louisiana Supreme Court in 1972 and took his first oath as Associate Justice on Jan. 10, 1973 to serve a two-year unexpired term.
		Chief Justice Calogero was sworn in as Chief Justice of the Louisiana Supreme Court on April 9, 1990.
		In December 1994, he was appointed by U.S. Supreme Court Chief Justice William H. Rehnquist to the Advisory Committee on Appellate Rules of the Judicial Conference of the United States, and in 1995 he commenced serving on the National Center for the State Courts Time on Appeal Advisory Committee.
	www.selu.edu /NewsEvents/PublicInfoOffice/supremecourt.html (526 words)

	LA. Supreme Court Gives Parishes Green Light to Ban Cockfighting
		Louisiana is one of only two states that do not ban cockfighting.
		Today's decision by Louisiana's highest state court follows a ruling by the U.S. District Court for Western Louisiana upholding amendments to the Animal Welfare Act that prohibit interstate commerce in birds for fighting purposes.
		"With today's ruling, the Louisiana Supreme Court rejected the plaintiff's invitation to strip local parishes of their time-honored right to prohibit practices such as cockfighting that pose threats to the health, safety, and morals of the community," said Lovvorn.
	hsus.org /press_and_publications/press_releases/la_supreme_court_gives.html (449 words)

	American Civil Liberties Union : Louisiana Supreme Court to Consider Sodomy Law As States Nationwide Strike Down ...
		The appellate court was ruling in the case of a man who was charged with raping a woman, including a charge of "crime against nature," or sodomy.
		In urging the state's highest court to uphold the appellate court's ruling, the ACLU noted that "during the past decade, state court after state court has struck down sodomy statutes like [Louisiana's], holding that private, non-commercial sexual activity between consenting adults is entitled to constitutional protection and no governmental interest justifies denying this protection."
		In its brief in Louisiana, the ACLU said a decision by the state Supreme Court to strike down the sodomy statute as a violation of the state constitution's privacy guarantee "rather than plowing new ground, will be consistent with the overwhelming trend in this country's courts and legislatures."
	www.aclu.org /lgbt/crimjustice/12303prs20000410.html (566 words)

	ADF: ADF attorney defends marriage amendment before Louisiana Supreme Court - Alliance Defense Fund - Defending Our ...
		NEW ORLEANS—The Louisiana Supreme Court today heard arguments in an appeal of a lower court’s decision to overturn the state’s popular constitutional amendment that recognizes marriage as solely between one man and one woman.
		Louisiana’s amendment reads, in part, “Marriage in the state of Louisiana shall consist only of the union of one man and one woman.” The amendment includes a prohibition on the recognition of same-sex “marriages” from other jurisdictions and any other legal arrangements that are “identical” or “substantially similar” to marriage.
		Louisiana was the sixth state to add a marriage amendment to its state constitution.
	www.alliancedefensefund.org /news/story.aspx?cid=3236 (313 words)

	[No title]
		The court reasoned that LL&e's gas was clearly "sold under" Texaco's pre-1978 warranty contracts, and it held that the gas was therefore "governed by the maximum lawful price in Section 105," which the court deemed to "ha(ve) precedence over Section 109" (Pet.
		The court reasoned (id. at 1378-1380) that the government's royalties under the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., should not be limited by the price agreed to by a producer in a warranty contract, notwithstanding Section 105 of the NGPA.
		The court of appeals accordingly vacated the district court's judgment with instructions to transfer the case to the Claims Court.
	www.usdoj.gov /osg/briefs/1986/sg860032.txt (2341 words)

	Supreme Court of the United States
		Did Louisiana Supreme Court err in abandoning requisites established in Daubert v.
		Did Louisiana Supreme Court err in placing burden on opponent of polygraph evidence to prove unreliability by providing existence of irregularities in procedure, contrary to Fed.R.Ev.
		Did Louisiana Supreme Court err in finding admissible, as exception to hearsay rule, hearsay statements of convicted murderer, part of which contained hearsay-within-hearsay of yet another convicted murderer, as "statements against interest" as defined in Fed.R.Ev.
	www.aele.org /law/2003FPMAR/evans-ussc.html (226 words)

	Louisiana Law Blog: Louisiana Supreme Court Clarifies Mineral Lessee's Surface Restoration Obligations in School ...
		Article 122 of the Louisiana Mineral Code only imposes a duty to restore the surface to its original condition where there is evidence of unreasonable or excessive use of the surface of leased premises.
		The Supreme Court noted that it had not squarely addressed the issue of whether, and under what circumstances Mineral Code Article 122 imposed an implied duty to restore the surface to its original condition.
		The Supreme Court held that the School Board’s express grant of the right to dredge canals constituted consent to or approval of the changes incidental to dredging.
	www.louisianalawblog.com /legacy-oil-field-sites-louisiana-supreme-court-clarifies-mineral-lessees-surface-restoration-obligations-in-school-board-vs-castex-energy.html (1974 words)

	Louisiana High Court: McIlhenny Libeled Rival 'Tabasco' Maker
		The trademark “Tabasco” had been yanked by the commissioner of patents based on the falsity of McIlhenny’s declaration, and that action was upheld in 1910 by the U.S. Court of Appeals for the District of Columbia.
		The Louisiana high court treated the trademark as if it had not existed, in light of it having been procured through a false representation.
		Louisiana House of Representatives from 1900-04 and the state Senate from 1904-06.
	www.metnews.com /articles/2004/reminiscing090204.htm (762 words)

	Louisiana Court Cases
		The Supreme Court rejected the butchers’ claim in a five to four opinion, and did so in a way that narrowly interpreted the Fourteenth Amendment’s protection to be only to those cases involving the freedom of fl Americans not the protection of the basic rights of whites.
		This case was first appealed to the U.S. Supreme Court by the master and owner of a steamboat that transported freight and passengers between New Orleans, Louisiana, and Vicksburg, Mississippi.
		The Court held that the Louisiana law on which the damages were based did not apply because the steamboat was a business involved in interstate commerce, which could only be regulated by the U. Congress.
	www.jimcrowhistory.org /scripts/jimcrow/courtcases.cgi?state=Louisiana (810 words)

	Louisiana Supreme Court Reverses Ruling on Local Interest Penalty Maximum Rate Issue
		The court used the literal reading of the statute to limit the total amount of interest and penalty liability on taxes owed to 15% per annum in the aggregate.
		The Court noted that the 1982 legislative history indicated that "The increase of this 'interest penalty' to its present amount of 15% was in response to the high interest lending institutions were paying at that time."
		For these reasons, the Louisiana Supreme Court reversed its ruling in Elevating Boats and ruled that the local jurisdictions could charge 15% interest, 25% penalty and 10% attorney fees, where applicable, on delinquent taxes.
	www.ryanco.com /develop/Louisiana_Supreme_Court_Reverses_Ruling_on_Local_Interest_Penalty_Maximum_Rate_Issue.aspx (474 words)

	USATODAY.com - La. Supreme Court upholds Katrina, Rita insurance claims period (Site not responding. Last check: 2007-11-02)
		NEW ORLEANS (AP) — Two new Louisiana laws giving insurance policyholders more time to sue their insurers or file claims over damage from hurricanes Katrina and Rita are constitutional, the Louisiana Supreme Court ruled Friday.
		Two new Louisiana laws giving insurance policyholders more time to sue their insurers or file claims over damage from hurricanes Katrina and Rita are constitutional, the Louisiana Supreme Court ruled Friday.
		The one-year extension is "both appropriate and reasonable in order to protect the rights of teh citizens of Louisiana and their general welfare," said the ruling, written by Justice Chet Traylor.
	www.usatoday.com /news/nation/2006-08-25-katrina-claims_x.htm?csp=34 (802 words)

	Overlawyered: Update: Louisiana Supreme Court smacks down oyster lawsuit
		The Louisiana Supreme Court decided to enforce the "hold harmless" provision in the $2/acre leases that the lower courts ignored, and unanimously voted to toss the judgment; the plaintiffs get zero.
		The refusal of courts to enforce immunity clauses (and laws) is all too often a problem.
		Louisiana taxpayers should be pleased that the state stood on principle and refused the plaintiffs' proposal to settle for less than thirteen cents on the dollar of the verdict.
	www.overlawyered.com /2004/10/update_louisiana_supreme_court.html (227 words)

	freedomforum.org: Louisiana Supreme Court hears debate over casino contributions
		The Louisiana Supreme Court agreed to hear the case after state district Judge Timothy Kelley overturned the law, agreeing with gambling interests that the ban violated free-speech provisions in the U.S. Constitution.
		In 1999, the Supreme Court rejected part of the same law that banned campaign donations from video poker operators in a ruling based primarily on free-speech rights.
		She also argued that the U.S. Supreme Court has recognized that campaign donations are not direct speech and are not entitled to the same level of protection under the U.S. Constitution.
	www.freedomforum.org /templates/document.asp?documentID=16244 (674 words)

	Louisiana Supreme Court Upholds Sodomy Law
		Without dissent, the court overturned a decision which threw out charges against a Jefferson Parish prostitute accused of soliciting a male undercover officer in 1995 for oral sex—or, as the law has it, “unnatural oral copulation for compensation”.
		The U.S. Supreme court ruled that homosexuals’ right to liberty “gives them the full right to engage in their conduct without intervention of the government.
		The U.S. Supreme Court’s ruling in that case was about private lives, and stated specifically that “it does not involve public conduct or prostitution,” he wrote, quoting the opinion.
	www.sodomylaws.org /usa/louisiana/lanews051.htm (441 words)

	Catholic World News : Louisiana Supreme Court backs marriage amendment
		A lower court judge had struck it down on the grounds that it dealt with more than one subject, a violation of the state constitution.
		The Supreme Court rejected the judge's ruling saying, "Each provision of the amendment is germane to the single object of defense of marriage." More than 78 percent of Louisiana voters approved the measure in September.
		One of the provisions of the amendment says, "A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be recognized." Judge William Morvant had ruled that the sentence would prevent the state from recognizing common-law relationships, "domestic partnerships," and civil unions between gay or heterosexual couples.
	www.cwnews.com /news/viewstory.cfm?recnum=34749 (272 words)

	USATODAY.com - Louisiana court reinstates ban on gay marriage (Site not responding. Last check: 2007-11-02)
		NEW ORLEANS (AP) — The Louisiana Supreme Court on Wednesday unanimously reinstated the anti-gay marriage amendment to the state constitution that was overwhelmingly approved by voters in September.
		The high court reversed a state district judge's ruling in October striking down the amendment on the grounds that it violated a provision of the state constitution requiring that an amendment cover only one subject.
		The amendment was sent to the ballot by the Legislature and approved by 78% of the voters on Sept. 18.
	www.usatoday.com /news/nation/2005-01-19-la-marriage_x.htm (538 words)

	Louisiana Supreme Court Report
		No representation is made that all Supreme Court cases are reported or that the summaries presented herein are complete or accurate.
		Several cases were consolidated and the Supreme Court granted writs to settle the issue.
		Action: lower courts correctly decreed that interrogatories are not available during the medical review panel phase of a case.
	louisiana-legal.com /supreme (1098 words)

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