Louisiana Supreme Court Decisions 2014

Louisiana in the interest of J.M.  
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...

Louisiana v. Marshall  
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 moth...

IN RE: RANDY J. FUERST
Date: December 9, 2014
Docket Number: 2014-B-0647
IN RE: MADRO BANDARIES
Date: December 9, 2014
Docket Number: 2014-B-1435
Mooring Tax Asset Group v. James  
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...

Oleszkowicz v. Exxon Mobil Corp.  
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 (“NORM...

Canal/Claiborne Ltd. v. Stonehedge Development, LLC  
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 19...

Chauvin v. Exxon Mobil Corp.  
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 ca...

In re Judge Robin Free  
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...

Oliver v. Orleans Parish School Board  
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...

Olympia Minerals, LLC v. HS Resources, Inc.  
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 a...

Massey v. Louisiana Dept. of Safety & Corrections  
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 releas...

Louisiana v. McKinnies, Jr.  
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 hea...

IN RE: COMMITTEE ON BAR ADMISSIONS CFN-2792
Date: October 15, 2014
Docket Number: 2013-OB-2152
IN RE: COMMITTEE ON BAR ADMISSIONS CFN-1913
Date: October 15, 2014
Docket Number: 2013-OB-2575
IN RE: COMMITTEE ON BAR ADMISSIONS CFN-1979
Date: October 15, 2014
Docket Number: 2013-OB-2592
IN RE: STACY L. MORRIS
Date: October 15, 2014
Docket Number: 2014-B-1067
Green v. Johnson  
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...

Baldwin v. Board of Supervisors for the University of Louisiana System  
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 Univer...

Louisiana Federation of Teachers v. Louisiana  
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...

BUFKIN, JR. v. FELIPE'S LOUISIANA, LLC, ET AL.  
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 S...

Holliday v. Board of Supervisors of LSU Agricultural & Mechanical College  
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 Sta...

C.M.J. v. L.M.C.  
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 a...

Louisiana in the Interest of L.D.  
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 f...

Louisiana v. Hawley  
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 whe...

In re Justice of the Peace Meyers  
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...

Louisiana v. Mickelson  
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 c...

Louisiana v. Bender  
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 ru...

Louisiana v. Perkins  
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...

MAW Enterprises, LLC v. City of Marksville  
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 th...

IN RE: COMMITTEE ON BAR ADMISSIONS CFN-8920
Date: July 1, 2014
Docket Number: 2011-OB-1973
Gorman v. City of Opelousas  
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 claim-repo...

Louisiana v. Cardenas  
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 misdem...

Shelter Mutual Insurance Co. v. Rimkus Consulting Group, Inc.  
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 hu...

Smith v. Transport Services Co. of Illinois  
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 c...

Anderson v. Ochsner Health System  
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 Disclosur...

Emigh v. West Calcasieu Cameron Hospital  
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 issue...

Louisiana v. I.C.S.  
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...

Louisiana v. Taylor  
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 in...

IIn re: Justice of the Peace Mary Foret  
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...

IN RE: SEAN DANIEL ALFORTISH
Date: May 7, 2014
Docket Number: 2013-B-2424
IN RE: DAVID J. MITCHELL
Date: May 7, 2014
Docket Number: 2013-B-2688
IN RE: OTHA CURTIS NELSON, SR.
Date: May 7, 2014
Docket Number: 2013-B-2699
IN RE: CLARENCE T. NALLS, JR.
Date: May 7, 2014
Docket Number: 2013-B-2873
IN RE: ELIZABETH ASHLEY BRUNET-ROBERT
Date: May 7, 2014
Docket Number: 2013-B-2929
Khammash v. Clark  
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...

Quality Environmental Processes, Inc. v. St. Martin  
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...

Thomas v. Bridges  
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 agains...

Church Mutual Insurance Co. v. Dardar  
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 i...

City of Baton Rouge v. Myers  
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,...

Watkins v. Exxon Mobil Corporation  
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 Act...

Hoffman v. Travelers Indemnity Company of America  
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...

Cook v. Family Care Services, Inc.  
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 effecti...

Allen v. Allen  
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 en...

Louisiana v. Mack  
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 fro...

Louisiana v. Gates  
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...

Louisiana v. Webb  
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 th...

Louisiana v. Davenport  
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 wi...

In re Hon. Janice Clark  
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....

Watkins v. Lake Charles Memorial Hospital  
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...

Louisiana v. Ross  
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...

C/W 2013-B -2172 IN RE: SETH CORTIGENE AND NEWTON B. SCHWARTZ, SR.
Date: February 14, 2014
Docket Number: 2013-B-2022
Purvis v. Grant Parish School Board  
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,...

Caldwell v. Janssen Pharmaceutical, Inc.  
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 (MAPIL)...

Jackson v. City of New Orleans  
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 inte...

Succession of James Jason Holbrook, Sr.  
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 eve...

In the interest of J.M.  
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...

Louisiana v. Smith  
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 proc...

DEANNE WILLIAMS v. MONROE CITY SCHOOL BOARD
Date: January 10, 2014
Docket Number: 2013-CA-2602
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