Louisiana Supreme Court Decisions 2012

IN RE: OWEN J. TRAHANT, JR.
Date: December 14, 2012
Docket Number: 2012-B-1435
IN RE: KATHERINE M. GUSTE
Date: December 4, 2012
Docket Number: 2012-B-1434
Moreno v. Entergy Corporation  
Date: December 4, 2012
Docket Number: 2012-C-0097

Justia Opinion Summary: This matter came before the Supreme Court following the granting of motions for summary judgment in the district court. The district court dismissed the claims of an electrical utility company for indemnity from contract...

Livingston Parish Council on Aging v. Graves  
Date: December 4, 2012
Docket Number: 2012-C-0232

Justia Opinion Summary: The issue in this matter was whether a sheriff acted within statutory authority in deducting a commission in connection with the collection of a two-millage assessment that was initially approved by voters in 2003. Upon...

Prest v. Louisiana Citizens Property Insurance Corp.  
Date: December 4, 2012
Docket Number: 2012-C-0513

Justia Opinion Summary: In October 2003, insurance agency Plaintiff Kennedy, Lewis, Renton & Associates, Inc. ("KLR"), secured a property insurance policy with Louisiana Citizens Property Insurance Corporation ("Citizens") for Plaintiff Kirk Pr...

Turner v. Willis Knighton Medical Center  
Date: December 4, 2012
Docket Number: 2012-C-0703

Justia Opinion Summary: This writ application involved the proper interpretation of La. R.S. 40:1299.47(A)(2)(c), and whether the running of the statutory ninety (90) day grace period in which prescription is suspended in a medical malpractice...

Opelousas Trust Authority v. Cleco Corporation  
Date: December 4, 2012
Docket Number: 2012-CC-0622

Justia Opinion Summary: The Supreme Court granted certiorari in this case to determine whether the district court or the Louisiana Public Service Commission (LPSC) has subject matter jurisdiction to adjudicate a claim by a putative class of uti...

Louisiana v. R. W. B.  
Date: December 4, 2012
Docket Number: 2012-CQ-0453

Justia Opinion Summary: The Louisiana Supreme Court accepted a certified question presented by the Louisiana Court of Appeal, Third Circuit. The question presented sought "binding instructions from the Louisiana Supreme Court regarding the corr...

Louisiana v. $144,320.00 Tina Beers, 132 Woody Lane, Silver City, NC 27344  
Date: December 4, 2012
Docket Number: 2012-K-0466

Justia Opinion Summary: The Supreme Court granted certiorari in this case to determine whether the court of appeal erred in ordering the return of $144,320 to Tina Beers after finding the State did not establish probable cause for forfeiture of...

In re Justice of the Peace Stacie Myers  
Date: December 4, 2012
Docket Number: 2012-O-1500

Justia Opinion Summary: This matter arose from a recommendation of the Judiciary Commission of Louisiana regarding the failure of Justice of the Peace Stacie P. Myers (Point Coupee Parish, District 4) to comply with the financial reporting requ...

In Re: Justice of the Peace Thomas Threet  
Date: December 4, 2012
Docket Number: 2012-O-1501

Justia Opinion Summary: This matter arose from a recommendation of the Judiciary Commission of Louisiana regarding the failure of Justice of the Peace Thomas Threet (Calcasieu Parish, Ward 6) to comply with the financial reporting requirements...

In re Justice of the Peace Luann Landry  
Date: December 4, 2012
Docket Number: 2012-O-1946

Justia Opinion Summary: This matter arose from a recommendation of the Judiciary Commission of Louisiana regarding the failure of Justice of the Peace Luann Landry (St. Bernard Parish, Ward E) to comply with the financial reporting requirements...

Louisiana v. Garcia  
Date: November 16, 2012
Docket Number: 2009-KA-1578

Justia Opinion Summary: In 2006, a grand jury indicted Defendant Michael Garcia for first-degree murder of Matthew Millican (Matt). During his arraignment defendant pled not guilty. During trial on the merits, the presentation of the State’s ca...

Duckworth v. Louisiana Farm Bureau Mutual Ins. Co.  
Date: November 2, 2012
Docket Number: 2011-C-2835

Justia Opinion Summary: The Supreme Court granted certiorari in these consolidated cases to resolve an issue of first impression: whether a member of a putative class was entitled to the suspension of prescription provided for in La. C.C.P. art...

Quinn v. Louisiana Citizens Property Insurance Corp.  
Date: November 2, 2012
Docket Number: 2012-CC-0152

Justia Opinion Summary: The Supreme Court granted certiorari in this case to consider two separate, but related issues: (1) whether the suspension of prescription provided for in La. C.C.P. art. 596 extended to a putative class member who filed...

Udomeh v. Joseph  
Date: October 26, 2012
Docket Number: 2011-C-2839

Justia Opinion Summary: The issue before the Supreme Court in this case centered on whether an alleged biological father could bring a wrongful death and survival action for his illegitimate child, where the father did not file a timely avowal...

STATE OF LOUISIANA v. DEARIEUS DUHEART
Date: October 26, 2012
Docket Number: 2012-KA-0085
Marcille v. Dauzat  
Date: October 16, 2012
Docket Number: 2011-CC-1509

Justia Opinion Summary: The issue before the Supreme Court in this case concerned Defendants’ entitlement to trial by jury. Specifically, whether the Court’s holding in "Beauclaire v. Greenhouse" mandated that a resolution in accordance with La...

Louisiana v. Small  
Date: October 16, 2012
Docket Number: 2011-K-2796

Justia Opinion Summary: The issue before the Supreme Court in this case was whether defendant could be guilty of second degree murder for leaving her two small children home alone in the middle of the night, during which time a fire broke out a...

IN RE: CARLTON J. ALLEN
Date: October 16, 2012
Docket Number: 2011-OB-2225
IN RE: JAMES A. GRAHAM.
Date: October 16, 2012
Docket Number: 2011-OB-2273
IN RE: JOAN S. BENGE
Date: October 16, 2012
Docket Number: 2012-B-0619
IN RE: DONALD S. ZUBER AND CATHERINE SMITH NOBILE
Date: October 16, 2012
Docket Number: 2012-B-0916
IN RE: WALTER BRENT PEARSON
Date: October 16, 2012
Docket Number: 2012-B-0940
IN RE: PAUL S. MINOR
Date: October 16, 2012
Docket Number: 2012-B-1006
City of Bossier City v. Vernon  
Date: October 16, 2012
Docket Number: 2012-C-0078

Justia Opinion Summary: The Supreme Court granted the writ of the City of Bossier City to determine the proper interpretation of La. R.S. 33:2501(C)(1); specifically, whether the statutory authority of the Bossier City Municipal Fire and Police...

Sims v. American Insurance Co.  
Date: October 16, 2012
Docket Number: 2012-C-0204

Justia Opinion Summary: At issue in this case was whether plaintiffs' dismissal with prejudice of a lawsuit filed in federal court after the defendant has made a general appearance of record was a "voluntary dismissal" for purposes of La. C.C....

Boudreaux v. Louisiana Dept. of Pub. Safety & Corr.  
Date: October 16, 2012
Docket Number: 2012-C-0239

Justia Opinion Summary: This criminal matter presented the res nova issue of whether a second arrest without a conviction for the charge of operating a vehicle while intoxicated (DWI) constitutes "a second violation of R.S. 14:98," which trigge...

Lafayette City-Parish Consolidated Gov't v. Person  
Date: October 16, 2012
Docket Number: 2012-C-0307

Justia Opinion Summary: At issue in this case was whether the court of appeal erred in holding the district court erred in finding that a governmental entity proved a sufficient public necessity for expropriating property. Upon review, the Supr...

Hargrave v. Louisiana  
Date: October 16, 2012
Docket Number: 2012-C-0341

Justia Opinion Summary: The Supreme Court granted the Louisiana Department of Transportation and Development's (DOTD) writ application to consider whether the Office of Workers' Compensation hearing officer erred in requiring a vocational rehab...

Katie Realty, Ltd. v. Louisiana Citizens Property Ins. Corp.  
Date: October 16, 2012
Docket Number: 2012-C-0588

Justia Opinion Summary: The issue on appeal before the Supreme Court in this case concerned whether a written settlement agreement compromising a contested property insurance claim constituted a "proof of loss" under La. Rev. Stat. 22:1892(A)(1...

Louisiana v. Bryant  
Date: October 16, 2012
Docket Number: 2012-K-0233

Justia Opinion Summary: The Supreme Court granted a writ of certiorari in this case to determine whether the court of appeal erred in overturning Defendant’s conviction for aggravated burglary. Jerome Bryant, Jr. argued that the State failed to...

IN RE: OFFICE OF CHIEF JUSTICE, LOUISIANA SUPREME COURT
Date: October 16, 2012
Docket Number: 2012-O-1342
Louisiana v. Magee  
Date: September 28, 2012
Docket Number: 2011-KA-0574

Justia Opinion Summary: Defendant James C. Magee was indicted by a grand jury for the first degree murder of Adrienne Magee, the first degree murder of Ashton Zachary Magee, the attempted first degree murder of S.M., and the attempted first deg...

STATE OF LOUISIANA v. SHAROY CAMESE
Date: September 12, 2012
Docket Number: 2011-KA-2534
IN RE: CHRISTY M. RHOADES
Date: September 6, 2012
Docket Number: 2011-OB-2484
Smithko v. Gulf South Shrimp, Inc.  
Date: July 2, 2012
Docket Number: 2011-C-2566

Justia Opinion Summary: The issue before the Supreme Court was whether court of appeal erred in affirming the trial court's ruling granting summary judgment. That judgment confirmed and quieted title to a tax purchaser on the basis that the for...

Mercer v. Nabors Drilling USA, LP  
Date: July 2, 2012
Docket Number: 2011-C-2638

Justia Opinion Summary: Claimant James Mercer, was injured in an accident during his employment with Defendant, Nabors Drilling, USA, L.P. Claimant received workers' compensation disability and medical benefits. As a result of his accident, Cla...

Peter D. Vizzi, M.D. v. Lafayette City-Parish Consolidated Government  
Date: July 2, 2012
Docket Number: 2011-C-2648

Justia Opinion Summary: In 2008, Petitioner Peter Vizzi, M.D. filed an open account against the Lafayette City-Parish Consolidated Government (LCG) for expenses incurred following his treatment of Quinton Contrell Sam. Sam allegedly committed a...

Marange v. Custom Metal Fabricators, Inc.  
Date: July 2, 2012
Docket Number: 2011-C-2678

Justia Opinion Summary: Claimant Henry Marange filed a disputed claim for compensation against his employer, Custom Metal Fabricators, Inc. asserting he injured his back in a work-related accident. Custom Metal answered the petition, and denied...

Poncetti v. First Lake Properties, Inc.  
Date: July 2, 2012
Docket Number: 2011-C-2711

Justia Opinion Summary: In 2008, Plaintiff Tanya Lato Ponceti, and her seven-year-old daughter, Kaitlynn, lived in The Woodlands, an apartment complex in Mandeville, Louisiana owned by First Lake Properties, Inc. While Kaitlynn was riding her s...

Louisiana Federation of Teachers v. Louisiana  
Date: July 2, 2012
Docket Number: 2011-CA-2226

Justia Opinion Summary: During its 2010 Regular Session, the Louisiana Legislature enacted Act 749 (Act), comprising La. Rev. Stat. 17:4041 through 17:4049, known as the "Red Tape Reduction and Local Empowerment Waiver Program." The Act authori...

Bernard v. Ellis  
Date: July 2, 2012
Docket Number: 2011-CC-2377

Justia Opinion Summary: In February of 2009, a vehicle driven by Antoine Ellis ran a stop sign and struck a vehicle owned and operated by Ann Bernard. Norell Bernard and Andrea Bernard were guest passengers in Ann Bernard's vehicle at the time...

In the interest of C.D.  
Date: July 2, 2012
Docket Number: 2011-CK-1701

Justia Opinion Summary: The state filed a delinquency petition in the Juvenile Court for the Parish of Orleans charging Defendant with distribution of heroin in violation of La.R.S. 40:966(A)(1). After a hearing, the court adjudicated Defendant...

Louisiana v. Savoy  
Date: July 2, 2012
Docket Number: 2011-K-1174

Justia Opinion Summary: The state charged Defendant Courtney Savoy by bill of information with simple escape from the Winn Correctional Center in January of 2007. After trial by jury, Defendant was found guilty as charged and sentenced to the m...

Louisiana v. Trahan  
Date: July 2, 2012
Docket Number: 2011-K-1609

Justia Opinion Summary: The state charged Defendant Mary Trahan by grand jury indictment with second degree murder in violation of La.R.S. 14:30.1 following the shooting death of her live-in boyfriend/husband. After trial by jury, she was found...

Louisiana v. Cure  
Date: July 2, 2012
Docket Number: 2011-K-2238

Justia Opinion Summary: The state charged Defendant Ricky Cure by bill of information with possession of heroin in violation of La.R.S. 40:966. After the trial court denied his motion to suppress the evidence, Defendant entered a plea of guilty...

Louisiana v. Williams  
Date: July 2, 2012
Docket Number: 2011-KA-0958

Justia Opinion Summary: The issue before the Supreme Court concerned whether the trial court erred in granting Defendant's motion to quash his indictment. In 2009, police found the victim, Ramon House, lying on the sidewalk, shot in the chest a...

IN RE: SAM JUDE HOLLOWAY
Date: July 2, 2012
Docket Number: 2011-OB-0778
Hodges v. Reasonover  
Date: July 2, 2012
Docket Number: 2012-CC-0043

Justia Opinion Summary: The issue before the Supreme Court in this case centered on a binding arbitration clause in an attorney-client retainer agreement and whether that clause was enforceable where the client filed suit for legal malpractice....

ALFRED DUPREE, ET AL. v. LOUISIANA MEDICAL MUTUAL INS. CO., ET AL
Date: May 25, 2012
Docket Number: 2011-C-2453
STATE OF LOUISIANA v. JOSEPH MARINO
Date: May 25, 2012
Docket Number: 2011-K-2218
Clay v. Our Lady of Lourdes Regional Med. Ctr.  
Date: May 8, 2012
Docket Number: 2011-C-1797

Justia Opinion Summary: The Workers' Compensation hearing officer terminated Petitioner Gloria Clay's benefits, finding her employer had sufficiently proved the availability of jobs such that Petitioner was capable of earning at least ninety pe...

ANR Pipeline Co v. Louisiana Tax Comm'n  
Date: May 8, 2012
Docket Number: 2011-C-2078

Justia Opinion Summary: "This matter has a complicated and convoluted procedural history, which has ultimately resulted in a 'cobweb of litigation.'" This case has its genesis in 1994 when ANR Pipeline Company (ANR) first challenged the ad valo...

Zito v. Advanced Emergency Medical Services, Inc.  
Date: May 8, 2012
Docket Number: 2011-C-2382

Justia Opinion Summary: In 2006, an ambulance belonging to Advanced Emergency Medical Services, Inc. (“Advanced”) was traveling southbound on Louisiana Highway 23, a four-lane highway in Plaquemines Parish. Due to transmission problems, the amb...

Trascher v. Territo  
Date: May 8, 2012
Docket Number: 2011-CC-2093

Justia Opinion Summary: In March 2007, Plaintiff Joseph Trascher filed a petition in the district court seeking an ex parte order to perpetuate his testimony, alleging that he had been diagnosed with asbestosis in August 2006, and that it was u...

McCann v. McCann  
Date: May 8, 2012
Docket Number: 2011-CC-2434

Justia Opinion Summary: On May 29, 2009, Plaintiff Rose McCann filed a petition for divorce against Defendant Walter McCann in the Family Court. A judgment granting the divorce was later signed in early, 2010, leaving the identification, valuat...

Louisiana v. Thompson  
Date: May 8, 2012
Docket Number: 2011-K-0915

Justia Opinion Summary: Defendant Larry Thompson was charged by bill of information with possession with the intent to distribute a Schedule II Controlled Substance (cocaine). Defendant claimed to be visiting his girlfriend and a friend at a mo...

Louisiana v. Trosclair  
Date: May 8, 2012
Docket Number: 2011-KA-2302

Justia Opinion Summary: Defendant Rudy Trosclair pled guilty to sexual battery of a child under thirteen years of age, for which he was sentenced to serve thirty months imprisonment at hard labor "without benefit." Shortly after his incarcerati...

Wells v. Zadeck Energy Group  
Date: March 30, 2012
Docket Number: 2011-C-1232

Justia Opinion Summary: The Supreme Court granted certiorari to consider whether the doctrine of "contra non valentem" applied to suspend a ten year liberative prescriptive period applicable to an action by a mineral interest owner against the...

IN RE: DEBRA H. BRAUN
Date: March 30, 2012
Docket Number: 2011-OB-0468
Arabie v. CITGO Petroleum Corp.  
Date: March 13, 2012
Docket Number: 2010-C-2605

Justia Opinion Summary: As a consequence of a June 2006 storm, the stormwater drainage and storage system (including the wastewater treatment facility) at the Lake Charles refinery of Defendant CITGO Petroleum Company (CITGO), was filled beyond...

Louisiana v. Nelson  
Date: March 13, 2012
Docket Number: 2010-KO-1724

Justia Opinion Summary: Defendants Glen Dale Nelson and Melvin Goldman were convicted by jury of one count of illegal use of weapons, four counts of armed robbery, and one count of conspiracy to commit armed robbery. Both received substantial s...

IN RE: CLAUDE C. LIGHTFOOT, JR.
Date: March 13, 2012
Docket Number: 2011-B-1950
IN RE: JOHN CUCCI, JR.
Date: March 13, 2012
Docket Number: 2011-B-2202
IN RE: LEONARD E. YOKUM, JR.
Date: March 13, 2012
Docket Number: 2011-B-2232
Credit v. Richland Parish Sch. Bd.  
Date: March 13, 2012
Docket Number: 2011-C-1003

Justia Opinion Summary: The Supreme Court granted certiorari to determine whether a "statement made or action taken" language in La. R.S. 17:439(A) precludes a cause of action against school employees for negligent acts of omission and to ascer...

Oliver v. Magnolia Clinic  
Date: March 13, 2012
Docket Number: 2011-C-2132

Justia Opinion Summary: The Supreme Court granted consolidated writ applications to address the majority opinion of the court of appeal which held the medical malpractice cap enunciated in La.R.S. 40:1299.42(B) was unconstitutional "to the exte...

Louisiana v. Colvin  
Date: March 13, 2012
Docket Number: 2011-K-1040

Justia Opinion Summary: In what the state termed as "particularly egregious and predatory acts of contractor fraud in New Orleans" following Hurricane Katrina, 63-year-old Defendant-Respondent John Colvin, a former elected state representative...

Louisiana v. Brown  
Date: March 13, 2012
Docket Number: 2011-K-1044

Justia Opinion Summary: The State charged Defendant-Respondent Aubrey Brown by bill of information with one count of simple burglary of a religious building, and one count of simple burglary. The two crimes were apparently unrelated and the Sta...

Louisiana v. Chinn  
Date: February 10, 2012
Docket Number: 2011-KK-2043

Justia Opinion Summary: The Supreme Court granted certiorari to resolve a dispute as to the proper application of La. Const. art. I, sec. 17 as applied to this case. Specifically, the Court granted certiorari to determine whether a defendant lo...

Smith v. Louisiana  
Date: January 24, 2012
Docket Number: 2010-C-1140

Justia Opinion Summary: The Supreme Court granted certiorari to determine whether the court of appeal erred in finding that the amendments to the state sex offender registration statutes did not apply to Defendant Jimmy Smith, because applicati...

Louisiana v. Carter  
Date: January 24, 2012
Docket Number: 2010-KA-0614

Justia Opinion Summary: Defendant Terrance Carter was indicted in 2006 for the first degree murder of Corinthian Houston. After initially pleading not guilty, Defendant changed his plea to a dual plea of not guilty or not guilty by reason of in...

IN RE: HERMAN W. ROBINSON, JR.
Date: January 24, 2012
Docket Number: 2010-OB-2789
IN RE: JOHNNIE JONES, SR.
Date: January 24, 2012
Docket Number: 2011-B-1038
IN RE: CHARLES WILLIAMS
Date: January 24, 2012
Docket Number: 2011-B-1457
Chambers v. Village of Moreauville  
Date: January 24, 2012
Docket Number: 2011-C-0898

Justia Opinion Summary: The issue before the Supreme Court was whether the Village of Moreauville breached its duty to keep its sidewalk in reasonably safe condition. Specifically, the issue was reduced to whether a one-and-one-quarter to one-a...

Benoit v. Turner Industries Group, LLC  
Date: January 24, 2012
Docket Number: 2011-C-1130

Justia Opinion Summary: Claimant Jerry Benoit worked for Turner Industries for twenty-seven years. For ten of those years he worked as a general laborer for a Lake Charles Citgo refinery, where Turner was contracted to perform general maintenan...

McLane Southern, Inc. v. Bridges  
Date: January 24, 2012
Docket Number: 2011-C-1141

Justia Opinion Summary: McLane Southern, Inc. is a Mississippi wholesaler of tobacco products that sells smokeless tobacco to retail establishments in Louisiana. The issue on appeal before the Supreme Court was whether the company was liable fo...

Jenkins v. Starns  
Date: January 24, 2012
Docket Number: 2011-C-1170

Justia Opinion Summary: In 2006, Plaintiff Laurie Jenkins entered into a contract with Chet Medlock for the sale, transfer and delivery of a metal building. The purchase price was to be paid in three equal installments. After the building was c...

First National Bank v. DDS Construction  
Date: January 24, 2012
Docket Number: 2011-C-1418

Justia Opinion Summary: The issue presented in this case arose in connection with a motion to rank creditors in a suit for executory process. DDS Construction, LLC developed a subdivision in Reserve. To fund that development, DDS obtained vario...

Arshad v. City of Kenner  
Date: January 24, 2012
Docket Number: 2011-CC-1579

Justia Opinion Summary: Plaintiffs Dr. Kaleem and Nadeem Arshad initially requested a jury trial in their petition for damages. Shortly before trial, they filed a motion to strike the jury. In response, Defendant City of Kenner enacted a resolu...

Louisiana v. Basile  
Date: January 24, 2012
Docket Number: 2011-KK-2201

Justia Opinion Summary: The Supreme Court granted certiorari in this case to determine whether the district court erred in sua sponte declaring that the jury waiver procedure described in the Louisiana Constitution (Article 1, section 17A) was...

In re Burgess  
Date: January 24, 2012
Docket Number: 2011-O-2182

Justia Opinion Summary: This case came before the Supreme Court on recommendation of the Judiciary Commission of Louisiana, which recommended District Judge Robert Burgess (of the 42nd Judicial District, Parish of DeSoto) be publicly censured f...

In re JP Williams, Jr.  
Date: January 24, 2012
Docket Number: 2011-O-2243

Justia Opinion Summary: This case came before the Supreme Court on recommendation of the Judiciary Commission of Louisiana, which recommended Justice of the Peace Herbert Williams (Parish of Plaquemines) be publicly censured and ordered to reim...

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