44 results for 'court:"Louisiana Supreme Court"'.
J. Hughes finds that the district court should not have denied a store owner’s motion for summary judgment on a wrongful death action filed by the family of a decedent who was shot and killed in the store parking lot. When the decedent and the shooter got into an argument they were not acting as store patrons, and when the decedent slapped the shooter, he committed the crime of battery to which the store owner had the duty to protect its current patrons from. The family did not show that the store owner owed a duty to protect the decedent from the shooter. Reversed.
Court: Louisiana Supreme Court, Judge: Hughes, Filed On: May 10, 2024, Case #: 2023-CC-00955, Categories: Negligence, Contract
Per curiam, the Louisiana high court finds that the defense counsel did not object to the trial court's denial of twelve peremptory challenges during voir dire in defendant's trial for failure to register and notify as a sex offender. Therefore, defendant's conviction for failure to register and notify as a sex offender is reinstated. Reversed.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 2023-K-00501 , Categories: Jury, Sex Offender
J. McCallum finds that the court of appeal should not have granted the motion for judgment notwithstanding the verdict as to liability and damages in this three-car accident action. In this case, the court of appeal improperly reweighed the evidence and made credibility determinations as to the witness testimony. Based on the testimony, the jury could have reasonably determined that the middle driver impacted the first driver before being impacted from behind by the last driver, and that his negligence in colliding with the first driver created a hazard contributing to the last driver's inability to avoid the accident. Reversed.
Court: Louisiana Supreme Court, Judge: McCallum, Filed On: May 10, 2024, Case #: 2023-C-01107, Categories: Evidence, Jury
J. Crichton finds that the motion for preliminary examination filed before the institution of prosecution did not suspend the limitation period because defendant did not re-urge the motion after the state filed the bill of information charging her with attempted manslaughter. However, Hurricane Laura suspended, but did not interrupt, the limitation period. This court's orders suspending the limitation period gave the state 60 additional days to bring defendant to trial. Defendant filed the motion to quash almost a year after the trial should have been commenced. Therefore, the state did not timely commence trial. Reversed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: May 10, 2024, Case #: 2023-KK-00723, Categories: Evidence, Speedy Trial
J. Crichton finds that the court of appeal should not have determined that a contractor truck driver’s cross claim for indemnity and defense made before a judicial finding of liability is premature in this car accident action. Under statute, the right to collect on an indemnity agreement is determined on a finding of liability. However, there is no prohibition on making a claim for indemnity in the same proceeding. Reversed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: May 10, 2024, Case #: 2023-CC-01358, Categories: Indemnification, Contract
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[Consolidated.] J. Crain finds that the trial court should not have denied incorporation of the proposed City of St. George after voters approved the incorporation. The record supports the "reasonableness" of the incorporation as it relates to Baton Rouge because St. George is an identifiable area with a thriving business community, its own fire department, and the desire for its own school district. Further, the economic and population growth is unique to St. George and not dependent on Baton Rouge. Also, Baton Rouge can be positively affected by St. George’s growing population since money will stay in the parish, and the record shows that St. George can provide public services within a reasonable period of time. Reversed.
Court: Louisiana Supreme Court, Judge: Crain, Filed On: April 26, 2024, Case #: 2023-C-01108, Categories: Government, Contract
[Consolidated.] J. Crichton finds that the Council of the City of New Orleans has the procedural capacity to sue to seek a declaration that the mayor has acted unlawfully in transferring assets that rightfully belong to the city to private parties regarding a 2020 modification of an agreement between the mayor and certain beneficiaries of a land trust. Under the Home Rule Charter of the City of New Orleans, the council has the power to conduct investigations of “any office, department or board administering the affairs of the City.” Therefore, the council has a right to sue on the contention that the Law Department and the mayor are in direct conflict with the council, and that the suit is “necessary for the assertion or protection of the rights and interests of the city." Reversed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: March 22, 2024, Case #: 2023-C-01106, Categories: Civil Procedure, Government
[Consolidated.] J. Genovese finds that the statute that revives certain prescribed child sex abuse claims for a limited three-year period is in conflict with the due process protections in the state constitution. In this case, plaintiffs claimed that they were sexually molested by a Roman Catholic priest at various times between 1971 and 1979 when they were minors. Plaintiffs' prescribed causes of action cannot be retroactively applied because it would divest defendants of their vested right to plead prescription in violation of the state constitution. Reversed and vacated.
Court: Louisiana Supreme Court, Judge: Genovese, Filed On: March 22, 2024, Case #: 2023-CC-01194, Categories: Constitution, Due Process
Per curiam, the Louisiana high court finds that the court of appeal should not have reversed defendant's conviction for aggravated assault with a firearm, aggravated criminal damage to property, and illegal discharge of a firearm for shooting at a pickup truck containing law enforcement officers as they fled after conducting a "trash pull" narcotics investigation at defendant's home. The ambiguous references made to the officers conducting the trash pull as part of a narcotics investigation do not constitute impermissible references to other crimes under jurisprudence. Although the state improperly impeached defendant with the facts surrounding a prior conviction for interfering with a police officer, the error was harmless based on the testimonial and physical evidence showing defendant fired his weapon at a fleeing vehicle in the street. Reversed.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: March 22, 2024, Case #: 2023-K-00008, Categories: Evidence, Firearms
J. Griffin finds that an architect and contract administrator do not have a duty to protect an employee of a subcontractor from injury under the parties' construction contract. Under the clear and unambiguous language of the General Conditions and Design Agreement, the architect's “undertaking of periodic visits and observations by [Architect] or his associates shall not be construed as supervision of actual construction,” and the architect "will not be responsible for nor control the construction means, methods, safety precautions and programs.” Reversed.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: March 22, 2024, Case #: 2023-C-00928, Categories: Construction, Negligence, Contract
J. Hughes finds that the district court properly dismissed a third-party asbestos abatement company's Louisiana Unfair Trade Practices Act claim against a school after the school terminated its contract with the general contractor when finding asbestos fibers in the school. Although the abatement company could have stated a cause of action under contract law, there is no cause of action under the Louisiana Unfair Trade Practices Act. In this case, the state is a customer acting in furtherance of its governmental function of maintaining school buildings in good repair and free
from health hazards. Affirmed in part.
Court: Louisiana Supreme Court, Judge: Hughes, Filed On: January 26, 2024, Case #: 2023-CC-00794, Categories: Education, Evidence, Asbestos
J. Weimer finds that the district court should not have denied defendant's petition for post-conviction relief on his convictions for first degree murder. The state improperly suppressed exculpatory evidence when it did not disclose serology notes related to blood found on a jacket at the murder scene which do not match the DNA of the victims or defendant. Further, the state did not properly disclose that a jailhouse informant, who testified that defendant admitted to the crime, received special treatment regarding probation for his testimony. Reversed and vacated.
Court: Louisiana Supreme Court, Judge: Weimer, Filed On: January 26, 2024, Case #: 2021-KP-00812, Categories: Evidence, Murder
J. Griffin answers a certified question that prescription is interrupted when another suit that is commenced is sufficient to fully apprise a defendant of the nature of the claim of the plaintiff, and what is demanded of the defendant. Under statute, prescription is interrupted when a defendant knows what legal demands are made on him or her from the description in the petition. In this case, a former Alcohol and Tobacco Control employee claimed that he was fired in retaliation for submitting written complaints describing violations in his state suit before filing a complaint in federal district court asserting substantially similar facts.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: January 26, 2024, Case #: 2023-CQ-00257, Categories: Civil Procedure, Employment, Employment Retaliation
J. Windhorst vacates the $10 million award in exemplary damages to a car driver who was injured in an accident with an 18-wheeler tractor-trailer truck. The statutory purpose of exemplary damages is to punish and deter and should be assessed on the truck driver's conduct instead of the
plaintiff’s injuries. In this case, the truck driver was driving impaired with a level of Xanax beyond the therapeutic range during the morning rush hour. However, the truck driver's financial situation is greatly disproportionate to the jury’s exemplary damage award. Based on the truck driver's financial situation, the amount of compensatory damages awarded to the car driver, and other exemplary damage awards, the $10 million exemplary damage award is excessive. Therefore, an award of $1.5 million dollars is sufficient to satisfy the objectives of an exemplary damage award. Reversed in part.
Court: Louisiana Supreme Court, Judge: Windhorst, Filed On: December 13, 2023, Case #: 22-CA-593, Categories: Evidence, Negligence
J. Weimer finds that the trial court should not have set aside defendant's conviction for domestic abuse battery involving strangulation based on the improper denial of a cause challenge of a juror. In this case, defendant did not contemporaneously object to the jurors during voir dire. Under the Code of Criminal Procedure art. 800(A), defendant is required to object contemporaneously in order to assign as error a ruling of a trial court refusing to sustain the challenge of a juror for cause. Reversed.
Court: Louisiana Supreme Court, Judge: Weimer, Filed On: December 8, 2023, Case #: 2022-K-01824, Categories: Criminal Procedure, Jury, Battery
Per curiam, the Louisiana high court suspends attorney Albert A. Bensabat III from the practice of law for three years. Bensabat was arrested on DUI and careless operation of a vehicle charges, and pled guilty to DUI. Further, Bensabat admitted that he did not reconcile his trust account on at least a quarterly basis.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: December 8, 2023, Case #: 2023-B-00620, Categories: Contract, Attorney Discipline
Per curiam, the Louisiana high court suspends attorney J. Antonio Florence from the practice of law for a period of one year and one day. Florence neglected a legal matter, failed to address fee disputes in four matters, made false statements and provided false evidence to the Office of Disciplinary Counsel during an investigation, and was found in contempt of court for challenging a judge's authority during a hearing.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: December 8, 2023, Case #: 2023-B-00592, Categories: Contract, Attorney Discipline
Per curiam, the Louisiana high court suspends attorney Janeane Gorcyca Abbott from the practice of law for thirty days. In this case, Abbott neglected her client’s legal matter, failed to communicate with her client, and failed to inform her client that she had a potential malpractice claim for which she should seek independent counsel. Abbott also misled her client and made false statements to the Office of Disciplinary Counsel during its investigation.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: December 8, 2023, Case #: 2023-B-00852, Categories: Contract, Attorney Discipline
Per curiam, the Louisiana high court suspends attorney Tim Fields from the practice of law for three years. The record shows that Fields did not properly supervise his non-lawyer staff, resulting in the conversion of $4.2 million belonging to third parties. He intentionally continued to convert $1.8 million in third-party funds in order to pay older third-party debts, failed to maintain a trust account for several years, lied on his trust account disclosure statements that he did not handle client funds, allowed nonlawyers to sign trust account checks, charged clients for inappropriate office expenses, settled a client’s personal injury claim without the client’s knowledge or consent, and lied to the Office of Disciplinary Counsel during its investigation.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: November 17, 2023, Case #: 2023-B-00343, Categories: Contract, Attorney Discipline
J. Griffin finds that the court of appeal should not have determined defrayment of operational and equipment expenses to be part of the city’s obligation to fund the Shreveport City Marshal’s operation and maintenance expenses. Statute only requires that the city fund the operation and maintenance expenses of the physical offices of the Marshal. Reversed.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: November 17, 2023, Case #: 2023-C-00182, Categories: Administrative Law, Municipal Law, Contract
J. McCallum finds the $10 million award for an employee's mesothelioma suit should be reduced to $5 million. An appellate court must consider relevant prior general damage awards as guidance in determining whether an award is an abuse of discretion. In this case, based on the evidence presented at trial regarding the employee's physical and mental suffering, the award of $10 million is "greatly disproportionate to the mass of past awards for truly similar injuries." Affirmed as amended.
Court: Louisiana Supreme Court, Judge: McCallum, Filed On: October 20, 2023, Case #: 2023-C-00170, Categories: Evidence, Damages, Asbestos
[Consolidated.] J. Genovese finds that the trial court properly declared that the gross negligence standard of the statute should not be applied by a medical review panel when the medical treatment occurred during a declared state of public health emergency. Under the Louisiana Medical Malpractice Act, a medical review panel applies its medical knowledge to determine whether a health care provider upheld the medical standard. The standard of care applied by a medical review panel when giving their expert opinion is limited to their expertise relative to a medical standard of care, not a legal one. Since the medical review process is not a civil proceeding, the Louisiana Health Emergency Powers Act has no application in the medical review panel process. Affirmed.
Court: Louisiana Supreme Court, Judge: Genovese, Filed On: October 20, 2023, Case #: 2023-C-00483, Categories: Negligence, Medical Malpractice
J. Weimer finds that the court of appeal should not have increased a restaurant's percentage of fault for a trip and fall from 80 percent to 85 percent. In this case, the patron who suffered the trip and fall did not appeal or answer the appeal. Therefore, the 20 percent of fault allocated to him by the jury cannot be reduced. The evidence supports that the configuration of the tables, chairs, and fence camouflaged the ledge, and the restaurant had notice of the ledge and could have easily taken measures to reduce the danger of the ledge. Further, the patron was not engaging in risky behavior but was only attempting to sit across from his wife when the accident happened. Reversed in part.
Court: Louisiana Supreme Court, Judge: Weimer, Filed On: October 20, 2023, Case #: 2023-C-00027, Categories: Evidence, Negligence
Per curiam, the Louisiana high court finds that the court of appeal should not have determined that there was insufficient evidence to support the delinquency adjudication of a juvenile for burglary involving a firearm and theft of a firearm. In this case, the state presented evidence that the tactical vest stolen from the deputy’s vehicle was found in the juvenile's attic, and screenshots from the juvenile's phone showed the rifle stolen from the deputy’s vehicle. There was also text message evidence sent twelve hours after the burglary where the juvenile was attempting to trade the rifle. Therefore, the state's evidence is sufficient to permit a reasonable inference that the juvenile was a principal in the commission of the delinquent acts. Reversed.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: October 20, 2023, Case #: 2022-CK-01654, Categories: Evidence, Juvenile Law, Theft