14 results for 'judge:"Lanier"'.
J. Lanier finds that the trial court improperly dismissed a customer's slip and fall action over an incident in a shopping center parking lot that was being re-tarred. There are genuine issues of material fact as to whether the alleged unreasonably dangerous condition of the parking lot was "open and obvious." Reversed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: April 17, 2024, Case #: 2023CA1016, Categories: Civil Procedure, Negligence
J. Lanier finds that the trial court properly sustained the ex-husband's exception of improper venue in a child custody proceeding. The facts and circumstances of the case show that Vernon Parish was the appropriate venue, and the judgment is amended to order the case transferred to that venue. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: February 23, 2024, Case #: 2023CA0572, Categories: Civil Procedure, Family Law, Venue
J. Lanier finds that defendant was properly convicted and sentenced for battery of a police officer for an incident in which he attacked a deputy at a medical clinic for inmates. There was no error in the denial of defendant's cause challenge of a prospective juror who did not initially disclose she had previously dated the friend of the Assistant District Attorney 20 years ago because she did not consider this a "close personal relationship" that would hinder her ability to be fair and impartial. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: February 23, 2024, Case #: 2023KA0755, Categories: Jury, Battery
J. Lanier finds that defendant was properly convicted and sentenced on counts of murder, feticide and attempted murder stemming from a drive-by shooting of a home that resulted in the death of an occupant and her unborn child. Defendant's motion to continue was correctly denied since there was no prejudice because of the delayed discovery. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: January 30, 2024, Case #: 2023KA0360, Categories: Murder, Sentencing, Discovery
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J. Lanier finds that the lower court properly granted summary judgment to the company on the state's claims relating to defective sprinkler system components that led to leaks in a building on a university campus. The evidence showed that the company did not manufacture or sell the defective components. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: December 27, 2023, Case #: 2023CA0320, Categories: Product Liability, Contract
J. Lanier sets aside defendant's conviction for possession of buprenorphine, the habitual offender adjudication and sentence. Defendant should have been allowed the opportunity to withdraw his guilty plea, since the state "unilaterally changed the terms of the plea agreement after the plea had been entered." Vacated.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: November 9, 2023, Case #: 2023KA0164, Categories: Drug Offender, Plea
J. Lanier finds that the trial court improperly dismissed the condominium resident's claims against the insurer stemming from an attack by her neighbor's dog. Based on the evidence, it was reasonable to interpret the policy as providing coverage for the claims. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: November 9, 2023, Case #: 2023CA0343, Categories: Insurance, Negligence
J. Lanier finds that the trial court erred in sustaining the exception of res judicata in favor of insurers regarding the insured's incidental demands seeking defense/indemnity in the property owners' suit over damage from a sinkhole. The plaintiffs in the respective suits are different, as are the alleged causes of action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: September 28, 2023, Case #: 2023CA0139, Categories: Civil Procedure, Insurance, Property
J. Lanier finds that defendant was properly found guilty of theft of clothing from a retail store and adjudicated a habitual offender. There was no error in the admission of testimony about merchandise from other stores found in defendant's possession since it was relevant to the value of the stolen items. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: September 15, 2023, Case #: 2023KA0090, Categories: Evidence, Theft
J. Lanier vacates the district court judgment that certified a class action on behalf of solar energy system purchasers who challenged the retroactive application of a law that resulted in the delay/denial of their solar tax credits. Based on the amended statute, the Board of Tax Appeals had exclusive jurisdiction for this case. Vacated.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: September 15, 2023, Case #: 2023CA0142, Categories: Due Process, Jurisdiction, Class Action
J. Lanier finds that the lower court properly sustained the exception of prescription as to the individual's claims of being sexually abused in the 1970s when he was a child by a person who later became a sheriff, where the "force and intimidation continued into their adult lives." The perpetrator was indicted for felony sex crimes in 2019. The individual's claim is prescribed, but he will be allowed to amend the petition "to remove the grounds of the objection, if possible." Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: September 13, 2023, Case #: 2022CA0998, Categories: Civil Procedure, Tort