25 results for 'judge:"Ledet"'.
J. Ledet vacates the district court's granting of defendant's application for post-conviction relief related to his guilty pleas to possession of a firearm by a convicted felon, possession of methamphetamine with intent to distribute, possession of heroin with intent to distribute, and armed robbery with a firearm. Even if defendant's attorneys gave him the wrong information concerning his sentencing exposure, defendant did not show that he would have not pled guilty under a favorable plea agreement and gone to trial on the multiple charges, where he would have been exposed to enhanced sentences based on his prior drug charges. Vacated.
Court: Louisiana Court Of Appeal, Judge: Ledet , Filed On: May 2, 2024, Case #: 2024-K-0164, Categories: Ineffective Assistance, Plea
J. Ledet finds that the trial court properly dismissed a borrower's reconventional demand against the lender on the lender's petition for executory process to foreclose on the mortgage loan. In this case, the borrower did not provide a written agreement to base her claims that the mortgage servicer advised her not to take action as the fraud investigation was ongoing. Further, the borrower did not properly state a cause of action under the Louisiana Unfair Trade Practices Act because the Act exempts federally insured financial institutions, their subsidiaries, and their affiliates from its jurisdiction. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: April 23, 2024, Case #: 2023-CA-0747, Categories: Banking / Lending, Contract
J. Ledet finds that defendant was properly sentenced to a cumulative 65 year sentence on his guilty plea to a sixteen-count indictment arising from a drunk driving incident that took place after a parade where he drove into a crowd, including seven bicyclists, fatally injuring two of the bicyclists. Although defendant did not have a prior criminal conviction, his criminal history included a DWI that involved drinking and driving at a parade route. Further, the circumstances of his first degree negligent injuring offenses involved inflicting injury on six victims, excluding the two fatality victims, the vehicular negligent injuring victim, and property damage, and those sentences were ordered to run concurrently, not consecutively. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: April 17, 2024, Case #: 2023-KA-0591, Categories: Sentencing, Vehicular Homicide
J. Ledet finds that the trial court should not have denied an employee's exception of no cause of action on a claimant's allegation that she was injured by the employee. In this case, the claimant is judicially estopped from recovering damages because she filed a voluntary petition for Chapter 13 bankruptcy in the United States Bankruptcy Court and did not disclose any pending or potential lawsuits, including the instant matter. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: April 4, 2024, Case #: 2024-C-0126, Categories: Bankruptcy, Civil Procedure
J. Ledet finds that the trial court should not have denied a condominium association's motion to reallot this case to Division L. In this case, a previous collection suit regarding the same parties and the instant suit are "related" since both suits involve issues regarding the costs associated
with roofing and waterproofing the owner's property, which led to the alleged failure to pay the assessments in this case. The other collection suit was already allotted to Division L. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: April 2, 2024, Case #: 2024-C-0134, Categories: Civil Procedure, Debt Collection, Property
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[Corrected.] J. Ledet finds that the trial court should not have found for a lessee's rule to evict an alleged occupant from a boathouse property. In this case, the boathouse is leased through a lease with the Lakefront Management Authority. There is no record of a lease to which the occupant is a party. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: March 20, 2024, Case #: 2023-CA-0644, Categories: Landlord Tenant, Property
J. Ledet finds that the trial court should not have found for a lessee's rule to evict an alleged occupant from a boathouse property. In this case, the boathouse is leased through a lease with the Lakefront Management Authority. There is no record of a lease to which the occupant is a party. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: March 19, 2024, Case #: 2023-CA-0644, Categories: Landlord Tenant, Property
J. Ledet finds that the trial court properly dismissed a guest's slip and fall claim made against her short term rental operator. In this case, the guest filed her petition after the prescriptive period had run. The guest has no evidence to prove actual delivery of her damages petition to the clerk before the prescriptive period. Although the cover letter referenced the petition and the clerk’s office stamped the cover letter as timely received, the damages petition was neither stamped nor filed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: March 12, 2024, Case #: 2023-CA-0646, Categories: Civil Procedure, Negligence
J. Ledet finds that the trial court properly granted a father's request to proceed with the final phase of a titrated visitation schedule and allowed him over-night visitation. In this case, the trial court modified the father's therapy requirement and did not impose a requirement of attending weekly individual therapy. Further, the record shows that the father complied with his obligations under the modified titrated visitation schedule. There was testimony that the father completed the court-required parenting classes and tested negative for drugs and alcohol. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: February 16, 2024, Case #: 2023-CA-0790, Categories: Family Law, Contract
[Consolidated.] J. Ledet finds that the trial court properly granted a hotel business' co-owner's derivative action against the manager/co-owner of the business. In this case, the manager violated his fiduciary duty to the business because, based on expert testimony, the manager had a pattern of "making withdrawals from [the business'] accounts to pay personal expenditures.” Further, the expert opined that the manager's account receivable
due to the business was $892,411. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: February 5, 2024, Case #: 2023-CA-0181, Categories: Fiduciary Duty, Contract
J. Ledet finds that the trial court properly awarded damages to a tenant on his personal injury suit related to tripping over a subsurface irrigation pipe located on the grounds of an apartment complex. Thirty percent fault was properly allocated to the tenant because the apartment owner presented evidence that the area where the pipe was located was not a proper walkway. Further, the $5,000 award was proper based on the tenant's seven weeks of medical treatment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: January 22, 2024, Case #: 2023-CA-0277, Categories: Damages, Negligence
J. Ledet finds that the trial court should not have granted a daughter's partial exceptions of no cause of action on her parents' declaratory judgment claim to revoke certain donations of limited liability company membership interests. In this case, the trial court dismissed some, but not all, of the parents' claims. However, all of the claims arise from one occurrence, the daughter's demand for immediate payment of the fair market value of her 20 percent interest. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: January 10, 2024, Case #: 2023-C-0794, Categories: Contract
J. Ledet grants the state’s motion to overturn the trial court’s order providing a 12-person jury for defendant on an assault charge, rather than the six-person jury prescribed by law. Further, the court denied the state’s writ for review of the trial court’s order withdrawing a firearm enhancement for defendant on the same charges. Granted in part.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: January 3, 2024, Case #: 2023-K-0770, Categories: Jury, Sentencing, Assault
J. Ledet finds that the trial court properly denied a doctor's summary judgment motion on the informed consent claim brought by a patient. In this case, the patient presented expert testimony establishing that a reasonable therapeutic alternative, stretching, existed to the tendon lengthening procedure. Further, there is conflicting evidence as to whether the doctor informed the patient of this reasonable therapeutic alternative. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: December 5, 2023, Case #: 2023-CA-0392, Categories: Civil Procedure, Evidence, Medical Malpractice
J. Ledet finds that the trial court should not have found for contractors on a worker's tort claims against the contractors regarding injuries sustained as a result of touching an exposed electrical wire protruding from a junction box while performing renovation work. There are genuine issues of material fact as to whether the contractors performed work in the area of the junction box with the protruding wire. The property owner testified that the remodeling work on the property included running electrical power to the new pool house. Further, the contractors testified that although the junction box in question was already on the property, the subcontractor was responsible for the electrical work to the new pool. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: November 15, 2023, Case #: 2023-CA-0357, Categories: Tort, Contract
J. Ledet finds that the trial court should not have found for a university on a professor’s contractual due process claim after he was disciplined, and his class schedule was altered. Although the university eventually reverted back to the professor’s original schedule of classes, the disciplinary letter still affected his personal and professional standing. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: October 27, 2023, Case #: 2023-CA-0295, Categories: Education, Employment, Contract
J. Ledet finds that the trial court properly denied the school board's summary judgment motion on the neighborhood association's suit seeking an injunction to block a proposed property swap between the school board and the Housing Authority of New Orleans. The swap was to exchange three now-vacant school properties for a vacant property that adjoins the Booker T. Washington High School. In this case, there is a genuine issue of material fact as to whether the values of the properties proposed to be swapped are equivalent. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: October 11, 2023, Case #: 2023-C-0583, Categories: Evidence, Property, Contract
J. Ledet finds that the trial court properly found for the owner of a vacant tire shop on the adjoining property owners' negligence action arising out of a fire that started in the tire shop and spread to their properties. In this case, the cause of the fire is unknown, and the adjoining property owners cannot establish a genuine issue of material fact as to the tire shop owner's fault. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: October 4, 2023, Case #: 2023-CA-0142, Categories: Evidence, Negligence
J. Ledet finds that defendant's motion for expungement of attempted first-degree murder, aggravated battery, and second-degree kidnapping charges should not have been denied. In this case, defendant was charged in 2004, and the District Attorney’s Office refused all of these charges. Therefore, the offenses cannot be prosecuted due to the statute of limitations. Under statute, the district court waived all expungement fees when it granted defendant in forma pauperis status, and defendant has satisfied the statutory requirements entitling him to an expungement. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: September 28, 2023, Case #: 2023-K-0578, Categories: Criminal Procedure, Murder
J. Ledet finds that the trial court properly found for a university on a staff member's employment discrimination suit, claiming that he was not hired for a faculty member position because he is white. In this case, three out of the four candidates selected to interview for the position were white, and the staff member does not identify a specific employment practice or evidence to support his race discrimination claim. Further, the staff member does not show that the filing of his discrimination complaint led to his termination because the events occurred four months apart. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: July 19, 2023, Case #: 2022-CA-0840, Categories: Employment Discrimination, Employment Retaliation
J. Ledet finds that the trial court should not have denied the nursing home owner's peremptory exception of prescription on a medical malpractice action. In this case, the owner was not joined until after the one-year tort prescriptive period elapsed. The decedent's family does not show that they took to confirm ownership of the nursing home at the time of the malpractice and have not shown that the sale of the nursing home was a "private sale." Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: June 23, 2023, Case #: 2023-C-0365, Categories: Civil Procedure, Medical Malpractice
J. Ledet finds that the district court should not have ruled in favor of the building owner on a slip and fall claim from a visitor to the building who fell down a darkened staircase leading to a laundry room. The condition of the staircase, without a proper landing, handrails, or accessible light switch and being located behind a closed, unmarked door, has some "social utility" since it led to the laundry room. Further, the building owner testified that she instructed tenants not to leave the key to the deadbolt lock on the staircase door. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: June 14, 2023, Case #: 2022-CA-0804, Categories: Evidence, Negligence
J. Ledet finds that defendant was properly convicted of aggravated battery and possession of a firearm by a convicted felon. Evidence of audio recordings of 911 calls reporting the shooting and the description of the shooter was properly admitted. The statements were made within minutes of the shooting by witnesses in the close vicinity of defendant firing multiple gunshots at the victim on a public street in broad daylight. Further, the descriptions of the shooter were not self-serving and were made in response to the emergency responder’s inquiries. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: May 15, 2023, Case #: 2022-KA-0710, Categories: Evidence, Firearms, Battery