Louisiana Supreme Court Decisions 2011

Oubre v. Louisiana Fair Citizens Plan  
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 a...

Louisiana v. Odenbaugh  
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. Af...

Christy v. McCalla  
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...

Price v. Martin  
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 2...

Louisiana Dept. of Transport. & Dev. v. Oilfield Heavy Haulers, LLC  
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...

Louisiana v. Wright  
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...

Eagle Pipe & Supply, Inc. v. Amerada Hess Corp.  
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 l...

Interdiction of Harold Wright  
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 acc...

IN RE: LOUIS A. GERDES, JR.
Date: October 25, 2011
Docket Number: 2011-B-0200
Durio v. Horace Mann Insurance Co.  
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 o...

Richard v. Richard  
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 repo...

MB Industries, LLC v. CNA Insurance Co.  
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 fo...

DONNA TYSON v. THOMPSON HOME HEALTH
Date: October 25, 2011
Docket Number: 2011-C-0760
MCI Communications Services, Inc. v. Hagan  
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 cas...

Louisiana v. Martin  
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 h...

Louisiana v. Rochon  
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 Louisi...

In re: Justice of the Peace Tina LaGrange  
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 Louisia...

In re: Justice of the Peace David Cook  
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 Supre...

In re: Justice of the Peace Stacie Myers  
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 Supr...

In re: Justice of the Peace Thomas Threet  
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 Supre...

STATE OF LOUISIANA v. MICHAEL GARCIA
Date: September 23, 2011
Docket Number: 2009-KA-1578
Silver Dollar Liquor, LLC. v. Red River Parish Police Jury  
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 Pa...

Louisiana v. Jones  
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 revi...

Louisiana v. Dorsey  
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 th...

Brooks v. Louisiana  
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...

Arceneaux v. Amstar Corp.  
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 Casu...

Ebinger v. Venus Construction Corp.  
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...

McGlothlin v. Christus St. Patrick Hospital  
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...

Fulmer v. Louisiana  
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...

Greemon v. City of Bossier City  
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 infor...

Burnett v. James Construction Group  
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 Depart...

Louisiana v. White  
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 opport...

Louisiana v. Mathieu  
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...

Louisiana v. Golston  
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 s...

IN RE: FRANK E. BROWN, JR.
Date: July 1, 2011
Docket Number: 2011-B-0070
IN RE: HENRY DILLON, III
Date: July 1, 2011
Docket Number: 2011-B-0331
IN RE: CARLA GASTON
Date: July 1, 2011
Docket Number: 2011-B-0390
Whitley v. Louisiana  
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 ag...

Gray v. Gray  
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 hi...

In re Judge Reginald Badeaux, III  
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...

In re Justice of the Peace Kevin Hoffman  
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 ac...

In re Justice of the Peace Charles Flaherty  
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 hav...

In re Justice of the Peace Randy Thomas, Jr.  
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...

IN RE: CARL V. WILLIAMS
Date: May 10, 2011
Docket Number: 2010-B-2759
Johnson v. Morehouse General Hospital  
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...

Glasgow v. PAR Minerals Corp.  
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 contracte...

Louisiana Division of Administration, Office of Facility Planning & Control v. Infinity Surety Agency, LLC  
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 manua...

Loutre Land & Timber Co. v. Roberts  
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...

Gathen v. Gathen  
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...

In re: Katrina Canal Breaches Litigation  
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...

Louisiana v. Sparks  
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 pha...

STATE OF LOUISIANA v. JOHNNY MORGAN
Date: March 15, 2011
Docket Number: 2009-KK-2352
IN RE: DAVID M. NEWELL
Date: March 15, 2011
Docket Number: 2010-B-2109
IN RE: DENNIS R. WHALEN
Date: March 15, 2011
Docket Number: 2010-B-2124
IN RE: DARYL GOLD
Date: March 15, 2011
Docket Number: 2010-B-2450
CITY OF DEQUINCY v. RANDY JAMES HENRY
Date: March 15, 2011
Docket Number: 2010-C-0070
ROBIN L. WEGENER, WIFE OF AND HILDRITH WEGENER, III v. LAFAYETTE INSURANCE COMPANY
Date: March 15, 2011
Docket Numbers: 2010-C-0810, 2010-C-0811
KEVIN AND CORLISS STENSON, ET AL. v. CITY OF OBERLIN, ET AL.
Date: March 15, 2011
Docket Number: 2010-C-0826
JOHN E. LAND, III, ET AL. v. DENNIS J. VIDRINE
Date: March 15, 2011
Docket Number: 2010-C-1342
FIA CARD SERVICES, N.A. v. WILLIAM F. WEAVER
Date: March 15, 2011
Docket Number: 2010-C-1372
JEANINE PRYOR v. IBERIA PARISH SCHOOL BOARD
Date: March 15, 2011
Docket Number: 2010-C-1683
STATE OF LOUISIANA v. MICHAEL PETITTO
Date: March 15, 2011
Docket Number: 2010-K-0581
STATE OF LOUISIANA v. JAMES DERON WILLIAMS
Date: March 15, 2011
Docket Number: 2010-KK-1514
STATE OF LOUISIANA v. VINCENT M. CASTILLO
Date: January 28, 2011
Docket Number: 2009-KK-1358
EMILE POISSENOT v. ST. BERNARD PARISH SHERIFF'S OFFICE
Date: January 19, 2011
Docket Number: 2009-C-2793
STATE OF LOUISIANA v. EDWARD CHARLES JACKSON
Date: January 19, 2011
Docket Number: 2009-K-2406
STATE OF LOUISIANA v. GRADY N. GREENE
Date: January 19, 2011
Docket Number: 2009-K-2723
IN RE: NOLAND JAMES HAMMOND
Date: January 19, 2011
Docket Number: 2010-B-0419
IN RE: MICHAEL WAYNE KELLY
Date: January 19, 2011
Docket Number: 2010-B-1934
IN RE: JEROME W. DIXON
Date: January 19, 2011
Docket Number: 2010-B-1950
KENNETH ARDOIN v. FIRESTONE POLYMERS, LLC
Date: January 19, 2011
Docket Number: 2010-C-0245
FRANK TATE v. WOMAN'S HOSPITAL FOUNDATION D/B/A WOMAN'S HOSPITAL
Date: January 19, 2011
Docket Number: 2010-C-0425
SHARON SCHULTZ, ET AL. v. JANOS GUOTH, M.D. AND KHALED F. RABIE, M.D.
Date: January 19, 2011
Docket Number: 2010-CC-0343
STATE OF LOUISIANA v. RUBEN CARTER, ET AL.
Date: January 19, 2011
Docket Number: 2010-KK-1340
The opinions published on Justia State Caselaw are sourced from individual state court sites. These court opinions may not be the official published versions, and you should check your local court rules before citing to them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to on the state site.