Louisiana Supreme Court Decisions 2011
Date: December 16, 2011
Docket Number: 2011-C-0097
Justia Opinion Summary: Plaintiffs-Class Representatives sought summary judgment in favor of numerous others similarly situated arising out of the failure of Louisiana Citizens Property Insurance Corporation (Citizens) to timely initiate loss…
Date: December 6, 2011
Docket Number: 2010-KA-0268
Justia Opinion Summary: In 2006, a Morehouse Parish grand jury indicted Defendant Lee Roy Odenbaugh, Jr., for the 2006 first degree murders of Jessie Mae Porter and Sondra Porter Odenbaugh and attempted first degree murder of Jessica Cooper.…
Date: December 6, 2011
Docket Number: 2011-C-0366
Justia Opinion Summary: The Supreme Court granted a writ application to determine whether a school board had tort liability for expelling a high school student after a fifth-sized bottle of whiskey fell from the student's backpack and broke on…
Date: December 6, 2011
Docket Number: 2011-C-0853
Justia Opinion Summary: The Supreme Court granted certiorari in this lawsuit to determine whether the lower courts correctly applied the standards for analyzing class action certification set forth in La. C.C.P. arts. 591, et seq. In February…
Date: December 6, 2011
Docket Number: 2011-C-0912
Justia Opinion Summary: The issue before the Supreme Court was whether scheduling a discovery conference pursuant to Rule 10.1 of the Rules for Louisiana District Courts constitutes a "step" in the prosecution or defense of an action sufficient…
Date: December 6, 2011
Docket Number: 2011-K-0141
Justia Opinion Summary: Defendant Michael Anthony Wright was convicted by a jury of aggravated incest and sentenced to eighteen years imprisonment at hard labor. Finding the trial court erred in admitting certain evidence which was inadmissible…
Date: October 26, 2011
Docket Number: 2010-C-2267
Date: October 25, 2011
Docket Number: 2010-C-2267
Justia Opinion Summary: The issue before the Supreme Court arose from the sale of land sold to Plaintiff Eagle Pipe and Supply, Inc. who later discovered the land was allegedly contaminated with radioactive material. Plaintiff sued the former…
Date: October 25, 2011
Docket Number: 2010-CC-1826
Justia Opinion Summary: The issue on appeal to the Supreme Court was whether the appellate court erred in reversing a trial court's denial of Harold Wright's exception of res judicata. Mr. Wright was paralyzed and incapacitated by a medical…
Date: October 25, 2011
Docket Number: 2011-C-0084
Justia Opinion Summary: The issue central to this case arose from Plaintiff Ginger Durio's claims for property damage to her home following Hurricane Rita and for damages and penalties against her homeowner's insurer. The Court granted review…
Date: October 25, 2011
Docket Number: 2011-C-0229
Justia Opinion Summary: The State Department of Social Services (DSS) conducted an investigation of Petitioner Kirk Richard in response to reports of child abuse. The first investigation concluded in 2006; the second concluded in 2008. DSS…
Date: October 25, 2011
Docket Number: 2011-C-0303
Justia Opinion Summary: This case involved a legal malpractice claim brought by Plaintiff MB Industries, LLC (MBI) against attorneys Steven Durio and John Weinstein. The attorneys represented MBI in an ultimately unsuccessful lawsuit against…
Date: October 25, 2011
Docket Number: 2011-CQ-1039
Justia Opinion Summary: The Supreme Court accepted a certified question from the Fifth Circuit U.S. Court of appeals in "MCI Communications Services, Inc. v. Hagan" (641 F.3d 112 (5th Cir. 2011)): "[i]s the proposed jury instruction in this…
Date: October 25, 2011
Docket Number: 2011-K-0082
Justia Opinion Summary: The issue before the Supreme Court on appeal was whether the Defendant Terrance Martin was "seized" when a police officer asked for his identification in order to check for outstanding warrants, then asked Defendant if…
Date: October 25, 2011
Docket Number: 2011-KA-0009
Justia Opinion Summary: The issue before the Supreme Court in this case involved the Court's appellate jurisdiction over cases in which a law or ordinance has been declared unconstitutional by the trial court. The district court declared…
Date: October 25, 2011
Docket Number: 2011-O-0714
Justia Opinion Summary: This matter arose from a recommendation of the Judiciary Commission of Louisiana (Commission) regarding Justice of the Peace Tina Revette LaGrange's failure to comply with the financial disclosure requirements of…
Date: October 25, 2011
Docket Number: 2011-O-0715
Justia Opinion Summary: This matter arose from a recommendation of the Judiciary Commission of Louisiana (Commission) regarding Justice of the Peace David E. Cook's failure to comply with the financial disclosure requirements of Louisiana…
Date: October 25, 2011
Docket Number: 2011-O-0874
Justia Opinion Summary: This matter arose from a recommendation of the Judiciary Commission of Louisiana (Commission) regarding Justice of the Peace Stacie P. Myers’ failure to comply with the financial disclosure requirements of Louisiana…
Date: October 25, 2011
Docket Number: 2011-O-0875
Justia Opinion Summary: This matter arose from a recommendation of the Judiciary Commission of Louisiana (Commission) regarding Justice of the Peace Thomas Threet’s failure to comply with the financial disclosure requirements of Louisiana…
Date: September 23, 2011
Docket Number: 2011-C-0205
Date: September 7, 2011
Docket Number: 2010-C-2776
Justia Opinion Summary: Plaintiff Silver Dollar Liquor, L.L.C. ("Silver Dollar") owns the Silver Dollar Liquor Store located within District 6 of Red River Parish. Silver Dollar filed a declaratory judgment action against Defendant Red River…
Date: September 7, 2011
Docket Number: 2010-K-0762
Justia Opinion Summary: Defendant Todd Jones made a graphic sexual request of a teenage boy. The issue before the Supreme Court was whether Defendant’s conduct was sufficient to constitute attempted indecent behavior with a juvenile. After…
Date: September 7, 2011
Docket Number: 2010-KA-0216
Justia Opinion Summary: In 2006, Defendant Felton Dorsey and Randy Wilson were indicted by a Caddo Parish grand jury for the first degree murder of Joe Prock and attempted first degree murder of Bobbie Prock. The state subsequently dismissed…
Date: July 1, 2011
Docket Number: 2010-C-1908
Justia Opinion Summary: In 2005, Jesse Brooks, Jr. an operating engineer for the Department of Transportation and Development's (DOTD) Industrial Plant and Maintenance was driving a backhoe along the shoulder of a highway to deliver the backhoe…
Date: July 1, 2011
Docket Number: 2010-C-2329
Justia Opinion Summary: In 1999, four employees of a Domino Sugar refinery sued parent company Tate & Lyle North America Sugars, Inc. (T&L) for damages from noise exposure during their employment with T&L between 1947 and 1994. Continental…
Date: July 1, 2011
Docket Number: 2010-C-2516
Justia Opinion Summary: In 1995, Charles and Charlene Ebinger contracted with Venus Construction Corporation to build a home. The couple moved into their new residence in 1997. In 2003, the Ebingers filed suit against Venus alleging defects in…
Date: July 1, 2011
Docket Number: 2010-C-2775
Justia Opinion Summary: At issue in this case was whether La. Rev. Stat 40:1299.47(H) mandated the admission of a medical review panel when the panel exceeded its statutory authority and rendered an opinion based on Plaintiffs' credibility and…
Date: July 1, 2011
Docket Number: 2010-C-2779
Justia Opinion Summary: Plaintiff Desi Fulmer was an employee with the State Department of Wildlife and Fisheries and was injured in the course and scope of his employment. Central to the case was whether an injured, state-employed seaman could…
Date: July 1, 2011
Docket Number: 2010-C -2828 C/W 2011-C -0039
Justia Opinion Summary: Plaintiff B.W. Greemon was a paramedic with the Bossier City Fire Department. In 2007, he responded to a call to assist an apparently intoxicated Eric Holloway who was in police custody. At the scene, Plaintiff was…
Date: July 1, 2011
Docket Number: 2010-CC-2608
Justia Opinion Summary: Central to this case was the issue of whether it is sufficient to serve only the attorney general or whether it is necessary to also serve other entities/individuals when a tort action is brought against the State…
Date: July 1, 2011
Docket Number: 2010-K-1799
Justia Opinion Summary: The State charged Defendant Mervin White with driving while intoxicated. After a trial by jury in 2008, he was found guilty as charged. The trial court sentenced him to 20 years' imprisonment at hard labor without…
Date: July 1, 2011
Docket Number: 2010-K-2421
Justia Opinion Summary: The State charged Defendant John Mathieu with second degree kidnapping after an incident which Defendant, armed with a gun, confronted his ex-wife in a parking lot at her place of employment, forced her into her car and…
Date: July 1, 2011
Docket Number: 2010-KA-2804
Justia Opinion Summary: The Supreme Court was asked to determine whether the district court erred in declaring La. R.S. 15:560 et seq. unconstitutional. Defendants Bryan Golston, Paul Baker, Calvin Watson, Lloyd Dell and Reginald Jackson were…
Date: July 1, 2011
Docket Number: 2011-CC-0040
Justia Opinion Summary: Central to this case was the issue of whether it is sufficient to serve only the head of a state agency or to also serve the attorney general and the office of risk management when a tort action is brought against the…
Date: July 1, 2011
Docket Number: 2011-CJ-0548
Justia Opinion Summary: Jason and Christy Gray were divorced in 2005, and pursuant to a consent judgment, the parties were awarded joint custody of their son Jayden. Mr. Gray was designated as the domiciliary parent. Mr. Gray gave notice of…
Date: July 1, 2011
Docket Number: 2011-O-0214
Justia Opinion Summary: The Judiciary Commission of Louisiana (Commission) recommended that Judge Reginald Badeaux, III be publicly censured and ordered to reimburse the Commission for costs incurred in the investigation and prosecution of his…
Date: July 1, 2011
Docket Number: 2011-O-0417
Justia Opinion Summary: The Judiciary Commission (Commission) found that Justice of the Peace Kevin Hoffman failed to file his 2009 financial disclosure statement in a timely manner. The Commission deemed Justice of the Peace Hoffman to have…
Date: July 1, 2011
Docket Number: 2011-O-0418
Justia Opinion Summary: The Judiciary Commission (Commission) found that Justice of the Peace Charles Flaherty failed to file his 2009 financial disclosure statement in a timely manner. The Commission deemed Justice of the Peace Flaherty to…
Date: July 1, 2011
Docket Number: 2011-O-0572
Justia Opinion Summary: The Judiciary Commission (Commission) found that Justice of the Peace Randy Thomas, Jr. failed to file his 2009 financial disclosure statement in a timely manner. The Commission deemed Justice of the Peace Thomas to have…
Date: May 20, 2011
Docket Number: 2010-C-2328
Date: May 13, 2011
Docket Number: 2010-C-2613
Date: May 10, 2011
Docket Number: 2010-C -0387 C/W 2010-C -0488
Justia Opinion Summary: A jury found that Morehouse General Hospital (Morehouse) committed four acts of malpractice that caused an injury to the son of Jonathon and Belinda Johnson. The jury apportioned 80% of the fault to Morehouse, and 20% to…
Date: May 10, 2011
Docket Number: 2010-C-2011
Justia Opinion Summary: In September 2007, Petitioner Mitchell Glasgow was severely burned from a fire at an oil well at which he worked. At the time, Therral Story Well Service (TSWS) directly employed Mr. Glasgow. The mineral owners…
Date: May 10, 2011
Docket Number: 2010-C-2264
Justia Opinion Summary: The State, through its Division of Administration, Office of Facility Planning & Control, (State), issued a project manual to solicit bids for the removal and replacement of cabins at Bayou Segnette State Park. The…
Date: May 10, 2011
Docket Number: 2010-C-2327
Justia Opinion Summary: A tract of land had been in the Roberts family for decades. A fence ran east to west in the middle of the property, and had been undisturbed for over thirty years. The amount of land north of the fence was approximately…
Date: May 10, 2011
Docket Number: 2010-CJ-2312
Justia Opinion Summary: Robert Gathen filed for divorce from his wife Vanessa in 2005. At the time, the couple had two children, one of which had been born in the State of Louisiana. The couple was granted joint custody, but Mrs. Gathen was the…
Date: May 10, 2011
Docket Number: 2010-CQ-1823
Justia Opinion Summary: To provide relief in the aftermath of Hurricanes Katrina and Rita, Congress appropriated funds to Louisiana which distributed some of those funds through the "Road Home" program. The State required more than 150,000 Road…
Date: May 10, 2011
Docket Number: 2011-O-0121
Date: May 10, 2011
Docket Number: 1988-KA-0017
Justia Opinion Summary: A New Orleans bank robbery in 1984 ended with the death of a Tangipahoa Parish Sheriff's deputy. A unanimous jury found Defendant Thomas Sparks, Jr. guilty of first-degree murder in the deputy's death. At the penalty…
Date: March 15, 2011
Docket Number: 2010-C-0105
Date: March 15, 2011
Docket Numbers: 2010-C-0810, 2010-C-0811
Date: March 15, 2011
Docket Number: 2010-C-0826
Date: March 15, 2011
Docket Number: 2010-C-1559
Date: March 15, 2011
Docket Number: 2010-C-1598
Date: January 28, 2011
Docket Number: 2010-C-0703
Date: January 19, 2011
Docket Number: 2009-C-2793
Date: January 19, 2011
Docket Number: 2010-C-0193
Date: January 19, 2011
Docket Number: 2010-C-0425
Date: January 19, 2011
Docket Number: 2010-C-1044
Date: January 19, 2011
Docket Number: 2010-CA-0671
Date: January 19, 2011
Docket Number: 2010-CC-0343
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