Louisiana Supreme Court Decisions 2014
Date: December 9, 2014
Docket Number: 2013-CK-2573
Justia Opinion Summary: Juvenile defendant J.M. was charged with simple battery and simple criminal damage to property. On February 25, 2013, J.M. appeared to answer the petition and entered a denial of the allegations. Pursuant to La. Ch. Code…
Date: December 9, 2014
Docket Number: 2013-K-2007
Justia Opinion Summary: In 2009, defendant Daniel Marshall ended a love triangle by repeatedly shooting Ronald Hodges, Jr., as Hodges ran toward Marshall, jumping off the porch of a residence. The residence belonged to Ebony Gastinell, the…
Date: December 9, 2014
Docket Number: 2014-C-0109
Justia Opinion Summary: This case stemmed from the tax sale of residential property located at 7047 Lake Willow Drive in New Orleans. In 1997, Charles and Connie Brown purchased this property pursuant to a “Cash Sale of Property.” The sale was…
Date: December 9, 2014
Docket Number: 2014-C-0256
Justia Opinion Summary: In 2002, Warren Lester and hundreds of other plaintiffs filed a lawsuit against Exxon Mobil Corp. and others seeking personal injury damages allegedly caused by exposure to naturally occurring radioactive material…
Date: December 9, 2014
Docket Number: 2014-C-0664
Justia Opinion Summary: Canal/Claiborne, Limited owned property located at 1661 Canal Street in New Orleans. In January 1995, Canal/Claiborne entered into a lease with Stonehedge Development, L.L.C. Stonehedge entered into a sublease in June…
Date: December 9, 2014
Docket Number: 2014-CC-0808
Justia Opinion Summary: The Supreme Court granted the writ application in this case to determine whether the plaintiff was precluded from asserting a claim for punitive damages after having settled such claims relating to fear of contracting…
Date: December 9, 2014
Docket Number: 2014-O-1828
Justia Opinion Summary: This matter comes before the Louisiana Supreme Court on the recommendation of the Judiciary Commission that respondent, Judge J. Robin Free of the 18 Judicial District Court, Parishes of West Baton Rouge, Iberville, and…
Date: October 31, 2014
Docket Number: 2014-C-0329
Justia Opinion Summary: This class action arose out of the termination of approximately 7,600 former teachers and other permanent employees of the Orleans Parish School Board (OPSB) as a result of Hurricane Katrina and the State of Louisiana’s…
Date: October 15, 2014
Docket Number: 2013-C-2637
Justia Opinion Summary: The issue this case presented to the Supreme Court centered on the lower courts’ interpretation of portions of a written mineral agreement. The agreement was prepared by a mineral leaseholder and ostensibly conveyed to…
Date: October 15, 2014
Docket Number: 2013-C-2789
Justia Opinion Summary: The issue on appeal in this case was whether defendant Paul Massey was eligible to receive “good time” credits when the law changed after the offenses were committed, eliminating Massey’s eligibility to earn early…
Date: October 15, 2014
Docket Number: 2013-K-1412
Justia Opinion Summary: After he was convicted, defendant moved for a new trial on the basis of newly discovered evidence. The state challenged the claim presented on both procedural and substantive grounds. No evidence was submitted at the…
Date: October 15, 2014
Docket Number: 2014-C-0292
Justia Opinion Summary: In 2007, Dave Peterson, while riding a motorcycle that he co-owned with Benjamin Gibson, was involved in an accident with a sport utility vehicle driven by Michael Johnson. Peterson died from the injuries he received in…
Date: October 15, 2014
Docket Number: 2014-C-0827
Justia Opinion Summary: In 1998, Jerry Lee Baldwin entered into a written agreement with the Board of Supervisors for the University of Louisiana System to serve as the head football coach at the University of Southwestern Louisiana, now…
Date: October 15, 2014
Docket Number: 2014-CA-0691
Justia Opinion Summary: The district court found that House Bill 974 of the 2012 Regular Session of the Louisiana Legislature, which was enacted as Act 1 of 2012 (Act 1), violated the single object requirement for legislative bills as provided…
Date: October 15, 2014
Docket Number: 2014-CC-0288
Justia Opinion Summary: This case has its roots in 2011, where, at approximately 4:30 in the afternoon, Royce Bufkin, Jr. was walking through the French Quarter from a jewelry store on Royal Street to a wine shop on Chartres Street, via Conti…
Date: October 15, 2014
Docket Number: 2014-CC-0585
Justia Opinion Summary: Plaintiff Cynthia Holliday alleged she was unlawfully terminated from her employment with the State while on leave in 2009, in violation of the Family and Medical Leave Act of 1993's (FMLA) “self-care” provision. The…
Date: October 15, 2014
Docket Number: 2014-CJ-1119
Justia Opinion Summary: This case concerned a highly contested custody dispute over three minor children. After an eleven-day trial and extensive written reasons for judgment, the trial court awarded sole custody of the children to the father…
Date: October 15, 2014
Docket Number: 2014-CK-1080
Justia Opinion Summary: L.D. was charged with the commission of a felony-grade delinquent act of unauthorized use of a movable. Although La.Ch.C. art. 854(A) required in this instance that L.D. appear to answer the delinquency petition within…
Date: October 15, 2014
Docket Number: 2014-KK-0282
Justia Opinion Summary: Maurice Hawley was charged with driving under the influence after a breath test demonstrated his blood alcohol concentration was above the legal limit. The issue this case presented for the Supreme Court's review was…
Date: October 15, 2014
Docket Number: 2014-O-1528
Justia Opinion Summary: In lieu of undergoing a formal audit, Louisiana law requires justices of the peace to file a sworn annual financial statement with the Louisiana Legislative Auditor. Officials who fail to file timely financial statements…
Date: September 3, 2014
Docket Number: 2012-KA-2539
Justia Opinion Summary: A jury convicted the defendant Eric Mickelson, of one count of first degree murder and sentenced him to death. In his direct appeal, defendant raised numerous assignments of error, including the failure of the district…
Date: September 3, 2014
Docket Number: 2013-K-1794
Justia Opinion Summary: The State charged defendant with one count of simple burglary of a vehicle. The issue on appeal, presented for the Supreme Court's review centered on whether the District Court's failure to observe the strictures of a…
Date: September 3, 2014
Docket Number: 2013-K-1917
Justia Opinion Summary: Defendant Joseph Perkins argued on appeal of his conviction for possession of a "shank" by a convicted felon, that the trial court erred in instructing the jury that ultimately convicted him. The district court sentenced…
Date: September 3, 2014
Docket Number: 2014-C-0090
Justia Opinion Summary: A property owner/lessor filed suit against the City of Marksville seeking to recover damages for the City's denial of a retail alcoholic beverage permit to the lessee of its property. The issue this case presented for…
Date: July 1, 2014
Docket Number: 2013-C-1734
Justia Opinion Summary: An insurance company appealed a decision on the issue of coverage under a claims-made-and-reported policy. The appellate court found that, under the Direct Action Statute, an insurer could not use the policy’s…
Date: July 1, 2014
Docket Number: 2013-C-2982
Justia Opinion Summary: The Supreme Court granted the state’s application to review the decision of the First Circuit affirming the district court’s order of expungement entered in respondent’s case following the court’s set aside of his…
Date: July 1, 2014
Docket Number: 2013-CC-1977
Justia Opinion Summary: Shelter Mutual Property Insurance Company retained Rimkus Consulting Group, Inc. to provide an engineering evaluation and expert witness services in connection with its defense of litigation resulting from a claim for…
Date: July 1, 2014
Docket Number: 2013-CC-2788
Justia Opinion Summary: "This procedurally complex writ" concerned the tolling of prescription in a class action entitled "Fulford v. Transport Services Co." (Fulford/Abram), filed in Louisiana state court, then removed to federal court where…
Date: July 1, 2014
Docket Number: 2013-CC-2970
Justia Opinion Summary: The Louisiana Supreme Court granted this writ application to determine whether a plaintiff had a private right of action for damages against a health care provider under the Health Care and Consumer Billing and…
Date: July 1, 2014
Docket Number: 2013-CC-2985
Justia Opinion Summary: A putative class action was filed against West Calcasieu Cameron Hospital for alleged violations of La. R.S. 22:1874, also known as the "Balance Billing Act." This case was expanded to name several health insurance…
Date: July 1, 2014
Docket Number: 2013-CK-1023
Justia Opinion Summary: The issue this case presented to the Supreme Court centered on whether the district court properly ordered the defendants to register as sex offenders pursuant to La. Rev. Stat. 15:542(A). The more precisely: whether the…
Date: July 1, 2014
Docket Number: 2014-KA-0209
Justia Opinion Summary: In 2012, the people voted to amend Article I, Section 11 of the Louisiana Constitution (effective December 10, 2012), which provided: "[t]he right of each citizen to keep and bear arms is fundamental and shall not be…
Date: May 23, 2014
Docket Number: 2014-O-0526
Justia Opinion Summary: The Formal Charge against respondent Justice of the Peace Mary Foret arose from a small claims case in her court brought by Norris and Gloria Comeaux against Charles and Carol LeBlanc. Both prior to and after the filing…
Date: May 7, 2014
Docket Number: 2013-C-1564
Justia Opinion Summary: The issue this case presented to the Supreme Court centered on whether the Patient’s Compensation Fund (PCF) could be bound by summary judgment rendered solely against a defendant physician in the underlying malpractice…
Date: May 7, 2014
Docket Number: 2013-C-1582
Justia Opinion Summary: The issue this case presented to the Supreme Court involved mineral rights and royalties associated with a production well located on a certain tract of land owned by the plaintiffs in Terrebonne Parish. Two conveyances…
Date: May 7, 2014
Docket Number: 2013-C-1855
Justia Opinion Summary: This case centered on whether someone could form an out-of-state limited liability company (LLC) for the purpose of avoiding payment of Louisiana sales tax. The Louisiana Department of Revenue assessed a sales tax…
Date: May 7, 2014
Docket Number: 2013-C-2351
Justia Opinion Summary: The question before the Supreme Court was whether La. R.S. 23:1203.1 applied to requests for medical treatment and/or disputes arising out of requests for medical treatment in cases in which the compensable accident or…
Date: May 7, 2014
Docket Number: 2013-CA-2011
Justia Opinion Summary: The City of Baton Rouge/Parish of East Baton Rouge sought injunctive relief against defendant Stephen Myers to compel him to cease his alleged violation of the City-Parish’s Unified Development Code (the “UDC”), Title 7,…
Date: May 7, 2014
Docket Number: 2013-CC-1545
Justia Opinion Summary: The Supreme Court granted the writ application in this case to answer the question of whether a one-year time period for instituting a survival action pursuant to La. Civ. Code art. 2315.1, particularly as amended by…
Date: May 7, 2014
Docket Number: 2013-CC-1575
Justia Opinion Summary: Plaintiff Ashley Hoffman was insured under an automobile insurance policy issued by defendant Travelers Indemnity Company of America. Following an automobile accident, plaintiff received medical treatment at Baton Rouge…
Date: May 7, 2014
Docket Number: 2013-CC-2326
Justia Opinion Summary: The Supreme Court granted certiorari in this case to consider whether La. R.S. 23:1203.1 applied to a dispute arising out of a request for medical treatment where the request for treatment was submitted after the…
Date: May 7, 2014
Docket Number: 2013-CC-2778
Justia Opinion Summary: The issue in this case stemmed from the divorce action between Lange Allen and Susan Allen, for the partition of separately owned property, a 2008 Toyota Land Cruiser, and restitution of separate property. The parties…
Date: May 7, 2014
Docket Number: 2013-K-1311
Justia Opinion Summary: A jury convicted defendant as a principal in the murder of Mark Westbrook, victim of an apparent execution committed by Ortiz Jackson. Based primarily on the circumstantial evidence provided by cellular phone records…
Date: May 7, 2014
Docket Number: 2013-KK-1422
Justia Opinion Summary: The defendant was charged with DWI-3rd offense. The trial judge granted his motion to suppress evidence obtained in connection with a traffic stop by a police officer who was outside his jurisdiction. The court of appeal…
Date: May 7, 2014
Docket Number: 2013-KK-1681
Justia Opinion Summary: The issue this case presented to the Supreme Court was whether a recent constitutional amendment involving a fundamental right to bear arms found in La. Const. art. I, section 11 rendered a criminal statute related to…
Date: May 7, 2014
Docket Number: 2013-KK-1859
Justia Opinion Summary: The issue this case presented to the Supreme Court centered on whether a defendant having been tried once, may nevertheless be ordered to stand trial a second time when the trial judge in the first proceeding, acting…
Date: May 7, 2014
Docket Number: 2014-O-0188
Justia Opinion Summary: Marie Reed appeared before Judge Clark as a plaintiff in "Reed v. East Baton Rouge Sheriff Dept." Specifically, the Formal Charge at issue centers on a colloquy which took place in open court between Judge Clark and Ms.…
Date: March 25, 2014
Docket Number: 2013-C-1137
Justia Opinion Summary: Dustin Watkins suffered an in utero stroke approximately two days before he was born (in 1990), allegedly arising out of the medical malpractice of the treating obstetrician, Dr. Richard Barry, which resulted in a brain…
Date: March 25, 2014
Docket Number: 2013-K-0175
Justia Opinion Summary: In 2009, a grand jury indicted defendant Eric Ross for the 2008 second degree murder of Albert McClebb, Jr., who was shot to death in a housing development in New Orleans. The Louisiana Supreme Court granted certiorari…
Date: February 14, 2014
Docket Number: 2013-B-2022
Date: February 14, 2014
Docket Number: 2013-C-1424
Justia Opinion Summary: This case arose from a collision between an automobile and school bus which took place in the curve of a narrow portion of a road in rural Grant Parish. Plaintiff Shenan Smith Purvis and her passenger, Jessica Thomisee,…
Date: January 28, 2014
Docket Number: 2012-C-2447
Justia Opinion Summary: The Attorney General for the State of Louisiana brought an action against the defendant pharmaceutical companies alleging, among other things, violations of the Louisiana Medical Assistance Programs Integrity Law…
Date: January 28, 2014
Docket Number: 2012-CA-2742
Justia Opinion Summary: The plaintiffs in this case, Jimmie Jackson, E. Simms Hardin, and KSD Properties, LLC, untimely paid ad valorem taxes to the City of New Orleans on their respective properties, and were assessed penalties, fees, and…
Date: January 28, 2014
Docket Number: 2013-C-1181
Justia Opinion Summary: The issue before the Supreme Court in this case was whether an incomplete date in an attestation clause invalidated a last will and testament when the full date appeared in the first paragraph of the testament and on…
Date: January 28, 2014
Docket Number: 2013-CK-1717
Justia Opinion Summary: Juvenile J.M. argued the criminal statutes regarding the intentional concealment of a weapon(La. R.S. 14:95(A)), and the possession of a handgun by a juvenile (La. R.S. 14:95.8), failed to meet the requirement of strict…
Date: January 28, 2014
Docket Number: 2013-KA-2318
Justia Opinion Summary: Defendant Micah Smith was charged with unauthorized participation in a medical assistance program. The State maintained Smith was excluded from participating in medical assistance programs through the administrative…
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