Louisiana Supreme Court Decisions
The unique origins of the Louisiana Supreme Court date back to the French and Spanish heritage of the state. Seven justices serve on the Court, which holds discretionary jurisdiction over all cases other than those involving the death penalty. This means that the Court can choose whether to review a case. The justice with the greatest seniority on the Court serves as the Chief Justice, who is viewed as the chief administrative officer of the judicial system in Louisiana. In 2008, a Tulane University study questioned the impartiality of the justices, arguing that they favored parties and attorneys who had made contributions to them. However, Chief Justice Pascal Calogero pointed out errors in the data and methodology of the study, which undermined its conclusions.
Each justice serves a 10-year term. Louisiana is divided into seven districts for the purposes of these elections, and each district elects a justice. These elections are partisan, which means that the party affiliation of the justice appears on the ballot. To run for election to the Louisiana Supreme Court, a candidate needs to be domiciled in the district, circuit, or parish in which they are running for election for at least one year before the election. They also must be younger than 70 and must have been admitted to practice law in Louisiana for at least 10 years.
A justice may be removed from the Louisiana Supreme Court if they are impeached by the Louisiana House of Representatives in a majority vote and convicted by the Louisiana Senate in a two-thirds vote. Alternatively, a justice may be removed from the Court if the judiciary commission in the state recommends removal. If a current justice on the Court chooses to pursue an office outside the judicial branch, they must resign from serving on the Court. They cannot receive contributions to a non-judicial campaign while serving on the Court.
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Recent Decisions From the Louisiana Supreme Court
Date: September 9, 2022
Docket Number: 2021-C-01670
Justia Opinion Summary: Certiorari was granted in this case to resolve a split in the decisions of the Louisiana courts of appeal regarding the relationship between La. C.C.P. art. 425 and the res judicata statutes, La. R.S. 13:4231 and…
Date: September 9, 2022
Docket Number: 2021-CC-01521
Justia Opinion Summary: Alexis Carroll Hartline and Zachary Shawn Hartline sought an interim allowance for their maintenance during the administration of the succession of Raymond John Brandt (“Decedent”). It was undisputed that the Hartlines…
Date: August 19, 2022
Docket Number: 2022-C-01212
Justia Opinion Summary: Adrian Perkins, the then-current mayor of Shreveport, Louisiana, sought reelection to that office. On July 22, 2022, Perkins signed and filed a notice of candidacy form, as required by La. R.S. 18:461 to become a…
Date: June 29, 2022
Docket Number: 2021-C-00810
Justia Opinion Summary: The Louisiana Supreme Court granted review in this case to determine whether a stamped signature on an uninsured/underinsured motorist (“UM”) coverage rejection form, affixed by the administrative assistant of the…
Date: June 29, 2022
Docket Number: 2021-C-01367
Justia Opinion Summary: In 2018, plaintiffs Isiah and Chrishanna Smith filed a medical malpractice suit on behalf of their minor son, Mason Heath. Dr. Robert Russell, Minden Medical Center and staff, and Dr. Cristal Kirby were named defendants.…
Date: June 29, 2022
Docket Number: 2021-C-01490
Justia Opinion Summary: Plaintiff Reginald Martin named truck driver Rodney Thomas, his employer Greer Logging, LLC, and its insurer National Liability and Fire Insurance Company as defendants in this personal injury case. Plaintiff alleged he…
Date: June 29, 2022
Docket Number: 2021-C-01814
Justia Opinion Summary: In 2016, Nucor Steel Louisiana, LLC submitted a tax refund claim to St. James Parish School Board and the St. James Parish Tax Agency (collectively the “Collector”). The claim alleged an overpayment of sales and use tax…
Date: June 29, 2022
Docket Number: 2021-CC-01820
Justia Opinion Summary: Lia Kazan (“Lia”) visited an Alexandria, Louisiana motel to meet some friends. During the course of her visit, she went went to the motel parking lot to retrieve something from her vehicle. Anthony Murray, another motel…
Date: June 29, 2022
Docket Number: 2021-K-01336
Justia Opinion Summary: Defendant Ladarious Brown was arrested for several offenses stemming from a domestic incident, but he was ultimately charged with two crimes: illegal use of weapons; and aggravated flight from an officer. A jury found…
Date: June 29, 2022
Docket Number: 2021-KK-01460
Justia Opinion Summary: Defendant Brian Clarke was charged with one count of home invasion. He provided notice of his intent to present the affirmative defense of voluntary intoxication at trial. In response, the State filed a motion in limine…
Date: June 29, 2022
Docket Number: 2022-K-00064
Justia Opinion Summary: This case arose from a 2016 road rage incident that led to the shooting death of Joseph McKnight. A grand jury indicted the defendant Ronald Gasser for second degree murder. The case proceeded to a trial before a…
Date: June 1, 2022
Docket Number: 2020-C-00685
Justia Opinion Summary: Vermilion Parish School Board (“VPSB”) filed suit in 2004, alleging oil and gas operations conducted pursuant to a 1935 mineral lease and a 1994 surface lease damaged Section 16 land. VPSB asserted causes of action for…
Date: May 13, 2022
Docket Number: 2021-C-00954
Justia Opinion Summary: On November 21, 2017, Richard Bush presented to Saint Bernard Parish Hospital for depression and suicidal ideations. At the hospital, Dr. Miguel Aguilera treated and discharged him. Bush attempted re-admittance with the…
