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· 8/25/2006

Medical Review Panel of Davis v. Louisiana State University Health Sciences Center-Shreveport

Citations

  • 939 So. 2d 539
  • 2006 La. App. LEXIS 1857
  • 2006 WL 2457216

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “the issue concerning which relitigation is sought to be es-topped must be identical to the issue decided in the prior proceeding”
  • holding that “[w]hen the victim of an insured defendant derives her rights to collect insurance proceeds directly from the rights of the insured defendant,” they are in privity by virtue of “sharfing] a legal interest”
  • concluding that use of offensive nonmutual collateral estoppel in a declaratory judgment action is a “hybrid form of collateral estoppel,” but concluding that there is no “formalistic delineation” between offensive and defensive collateral estoppel
  • declining to address claim that summary judgment should have been granted against one defendant because ‘‘a valid default judgment had already been rendered against him at the time that the plaintiff’s motion for summary judgment was denied’’
  • insurer granted declaratory judgment that insured’s first degree manslaughter conviction established that injuries were intentionally caused and thus not covered by policy
  • party insured and administrator of his victim’s estate held to be in privity for purposes of application of policy exclusion

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown, Drew, Lolley

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.