Louisiana Supreme Court Decisions 2015

IN RE: COMMITTEE ON BAR ADMISSIONS CFN-52
Date: December 8, 2015
Docket Number: 2014-BA-2452
Shane v. Jefferson Parish  
Date: December 8, 2015
Docket Number: 2014-C-2225

Justia Opinion Summary: The issue this case presented for the Supreme Court's review centered on whether the email communications of an employee of a public agency, via the public agency's email system, on private political matters with private...

Hayes Fund for the First Untied Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mountain, LLC  
Date: December 8, 2015
Docket Number: 2014-C-2592

Justia Opinion Summary: This case was brought by the plaintiffs, mineral royalty owners, against defendants, mineral lessees and working interest owners, for unrecovered hydrocarbons after two wells ceased production. Following a lengthy bench...

Louisiana v. Wells  
Date: December 8, 2015
Docket Number: 2014-K-1701

Justia Opinion Summary: Defendant Christopher Wells was convicted of manslaughter in the 2008 shooting death of Brandon McCue. Defendant met with McCue to purchase marijuana. The two argued when McCue told defendant he had nothing to sell. Acco...

IN RE: CHARLES R. JOINER
Date: December 8, 2015
Docket Number: 2015-B-0959
Hodges v. Hodges  
Date: November 23, 2015
Docket Number: 2015-CJ-0585

Justia Opinion Summary: The Louisiana Supreme Court granted certiorari in this child custody matter to review the designation of both parents as “co-domiciliary parents,” a designation which divided the courts of appeal. Both the father and the...

Prevo v. Louisiana  
Date: November 20, 2015
Docket Number: 2015-C-0823

Justia Opinion Summary: Plaintiff Meiko Prevo was arrested in April 2000 in East Baton Rouge Parish for felony crime against nature. Plaintiff ultimately pleaded guilty to a reduced charge of criminal mischief, a misdemeanor. She was sentenced...

McCarthy v. Evolution Petroleum Corp.  
Date: October 14, 2015
Docket Number: 2014-C-2607

Justia Opinion Summary: This case arose from a petition filed by vendors of mineral rights, plaintiff John C. McCarthy, individually and as trustee of the Kathleen Balden Trust, and plaintiff Marjorie Moss. Plaintiffs named as defendant Evoluti...

Aisola v. Louisiana Citizens Property Insurance Corp.  
Date: October 14, 2015
Docket Number: 2014-CC-1708

Justia Opinion Summary: Plaintiffs, alleging to be putative class members of multiple class actions, have filed their own individual suits against the defendant, Louisiana Citizens Property Insurance Corporation (Citizens). Plaintiffs were resi...

Louisiana v. Roberson  
Date: October 14, 2015
Docket Number: 2014-CK-1996

Justia Opinion Summary: Defendant Terrence Roberson was charged with armed robbery and attempted second-degree murder for offenses which allegedly occurred in 2012, when the defendant was sixteen years old. The issue this case presented for the...

Louisiana v. Fruge  
Date: October 14, 2015
Docket Number: 2014-K-1172

Justia Opinion Summary: Defendant Toby Fruge was charged with the forcible rape of two women, R.A. (count 1) and J.H. (count 2), in two separate incidents that occurred approximately two years apart. The State’s petitioned the Supreme Court for...

Louisiana v. Ellis  
Date: October 14, 2015
Docket Number: 2014-K-1511

Justia Opinion Summary: Defendant was found guilty as charged by a jury of possession of cocaine with intent to distribute. By agreement with the state, defendant admitted the allegations in the habitual offender bill of information and was sen...

Lousiana v. Graham  
Date: October 14, 2015
Docket Number: 2014-K-1801

Justia Opinion Summary: Defendant William Graham was indicted with one count of aggravated incest. After defendant rested his case at trial and it became apparent that the State had failed to carry its burden of proof on this charge, the Distri...

Louisiana v. Griffin  
Date: October 14, 2015
Docket Number: 2014-KP-1214

Justia Opinion Summary: The Supreme Court granted the writ application in this case to determine whether La. C.Cr.P. art. 887(A) and La. C.Cr.P. art. 895.1(B) permitted the district attorney and sheriff to impose costs of prosecution and costs...

Louisiana v. Marshall  
Date: October 14, 2015
Docket Number: 2014-KP-2091

Justia Opinion Summary: In 1998, an Orleans Parish jury found respondent Ronald Marshall guilty of armed robbery. Following a habitual offender hearing, the trial court adjudicated respondent a second felony offender and sentenced him to 49 and...

Nunez v. Pinnacle Homes, LLC  
Date: October 14, 2015
Docket Number: 2015-C-0087

Justia Opinion Summary: The Supreme Court granted the defendants’ writ application in this case to determine whether the lower courts erred by imposing personal liability on the sole member and manager of a limited liability company (“L.L.C.”)....

Born v. City of Slidell  
Date: October 14, 2015
Docket Number: 2015-C-0136

Justia Opinion Summary: The Supreme Court granted certiorari in this matter to determine whether a retiree of the City of Slidell, plaintiff Dean Born, could continue participating in the City of Slidell's health insurance plan following the Ci...

Lobell v. Rosenberg  
Date: October 14, 2015
Docket Number: 2015-C-0247

Justia Opinion Summary: The issue this case presented for the Supreme Court's review centered on whether the lessors properly terminated a lease. After review, the Court found the district court was correct in finding the lease was terminated,...

Slaughter v. Louisiana State Employees' Retirement System  
Date: October 14, 2015
Docket Number: 2015-C-0324

Justia Opinion Summary: In 2009, plaintiff Dr. Ralph Slaughter retired as president of Southern University System (“Southern”) after thirty-five years of service. Upon retirement, the Louisiana State Employees’ Retirement System (“LASERS”) bega...

Thompson v. Winn-Dixie Montgomery, Inc.  
Date: October 14, 2015
Docket Number: 2015-C-0477

Justia Opinion Summary: Plaintiff Patricia Thompson was injured when she slipped and fell in a puddle of water while shopping at a Winn-Dixie store. Plaintiff filed suit against Winn-Dixie, which in turn filed a third party demand against South...

Bank of New York Mellon v. Smith  
Date: October 14, 2015
Docket Number: 2015-C-0530

Justia Opinion Summary: Whitney and Pamela Smith entered into a residential mortgage contract with Saxon Mortgage Services (“Saxon”), which was secured with a promissory note on the Smiths’ home in Grant Parish. The Smiths later failed to make...

Boudreaux v. Boudreaux  
Date: October 14, 2015
Docket Number: 2015-C-0536

Justia Opinion Summary: Joseph E. Boudreaux, II and Jennifer Boudreaux were married in 1997, divorced in 2011. The couple had two children during their marriage. The parties entered into a consent judgment with regard to custody, visitation, an...

Hoffman v. 21st Century North America Insurance Co.  
Date: October 2, 2015
Docket Number: 2014-C-2279

Justia Opinion Summary: In October 2010, Eddie Hoffman was injured when his vehicle was rear-ended by a vehicle driven by Carolyn Elzy. Hoffman filed suit against Ms. Elzy and her insurer, 21st Century North America Insurance Company for damage...

Louisiana v. Tucker  
Date: September 1, 2015
Docket Number: 2013-KA-1631

Justia Opinion Summary: In November 2008, a grand jury indicted defendant Lamondre Tucker for the first degree murder of Tavia Sills. After a trial, the jury found the defendant guilty as charged. At the conclusion of the penalty phase of the t...

IN RE: DONALD R. PRYOR
Date: September 1, 2015
Docket Number: 2015-B-0243
ANGELA MARIE COSTANZA, ET AL. v. JAMES D. CALDWELL, ET AL.
Date: July 7, 2015
Docket Number: 2014-CA-2090
Swayze v. State Farm Mutual Auto. Ins. Co.  
Date: June 30, 2015
Docket Number: 2014-C-1899

Justia Opinion Summary: The issue this matter presented for the Louisiana Supreme Court's review centered on the “amount in dispute” which determined subject matter jurisdiction of a city court with a jurisdictional limit of $30,000. After fili...

Reynolds v. Bordelon  
Date: June 30, 2015
Docket Number: 2014-C-2362

Justia Opinion Summary: The Louisiana Supreme Court granted certiorari in this case to determine whether Louisiana recognized the tort of "negligent spoliation." On March 15, 2008, a multi-vehicle accident occurred in St. Tammany Parish. Plaint...

Reynolds v. Bordelon  
Date: June 30, 2015
Docket Number: 2014-C-2371

Justia Opinion Summary: On March 15, 2008, a multi-vehicle accident occurred in St. Tammany Parish. Robert J. Bordelon, III is alleged to have caused the accident when he swerved two separate times from the left lane of traffic to the right lan...

Lomont v. Myer-Bennett  
Date: June 30, 2015
Docket Number: 2014-C-2483

Justia Opinion Summary: This was a legal malpractice case. Defendant Michelle Myer-Bennett filed a peremptory exception of peremption asserting plaintiff Tracy Lomont filed her malpractice claim beyond the three-year peremptive period set forth...

Rand v. City of New Orleans  
Date: June 30, 2015
Docket Number: 2014-CA-2506

Justia Opinion Summary: In 2007, the City of New Orleans (CNO) enacted a group of ordinances, codified as Sections 154-1701 through 15-1704 of its Code of Ordinances, which created the Automated Traffic Enforcement System (“ATES”). In 2011, pla...

Louisiana in the interest of K.L.A.  
Date: June 30, 2015
Docket Number: 2014-CK-1410

Justia Opinion Summary: The Supreme Court granted the state’s writ application to determine whether a person required to register as a sex offender as a result of an offense committed as a juvenile under La. R.S. 15:542 had to comply with the s...

Faulk v. Union Pacific Railroad Co.  
Date: June 30, 2015
Docket Number: 2014-CQ-1598

Justia Opinion Summary: The predecessor(s) of defendant, Union Pacific Railroad Company acquired the right to build a railroad over the property at issue in this case in the late 1880s. The railroad company provided not only public crossings ov...

Louisiana v. Robertson  
Date: June 30, 2015
Docket Number: 2014-K-0945

Justia Opinion Summary: In a cold-case prosecution initiated over 12 years after the victim died, the state charged defendant by grand jury indictment with second degree murder. A jury found defendant guilty of manslaughter and sentenced to 40...

IN RE: JOYCE NANINE MCCOOL
Date: June 30, 2015
Docket Number: 2015-B-0284
LaPointe v. Vermilion Parish Sch. Bd.  
Date: June 30, 2015
Docket Number: 2015-CA-0432

Justia Opinion Summary: According to her Petition for Declaratory and Injunctive Relief, plaintiff Kasha LaPointe was employed as a tenured public school teacher by defendant Vermilion Parish School Board (“VPSB or the Board”). Jerome Puyau, th...

Arrant v. Graphic Packaging International, Inc.  
Date: May 5, 2015
Docket Number: 2013-C-2878

Justia Opinion Summary: This case presented a res nova issue for the Louisiana Supreme Court: whether gradual noise induced hearing loss caused by occupational exposure to hazardous noise levels was a personal injury by accident or an occupatio...

Louisiana ex rel. Nicholson v. Louisiana  
Date: May 5, 2015
Docket Number: 2013-KH-0072

Justia Opinion Summary: Relator’s convictions stemmed from unrelated attacks on two different women in the 1990s: a 1991 attack on a victim identified as K.T.; and a 1994 attack on a victim identified as A.R. In both cases, the investigations w...

IN RE: REJOHNNA BROWN-MITCHELL
Date: May 5, 2015
Docket Number: 2014-B-2544
Boudreaux v. Cummings  
Date: May 5, 2015
Docket Number: 2014-C-1499

Justia Opinion Summary: Plaintiff John Boudreaux filed suit against defendant Paul Cummings seeking recognition of a predial servitude/right of way by virtue of acquisitive prescription and a permanent injunction prohibiting Cummings from inter...

Snider v. Louisiana Medical Mutual Ins. Co.  
Date: May 5, 2015
Docket Number: 2014-C-1964

Justia Opinion Summary: In 2007, Clyde Snider, Jr. was hospitalized for a suspected myocardial infarction. He would later get surgery and be given a pacemaker. Following up on an unrelated issue, Snider's treating doctors found infection at the...

Baker v. PHC-Minden, L.P.  
Date: May 5, 2015
Docket Number: 2014-C-2243

Justia Opinion Summary: Across the state, plaintiffs were filing complaints against health care providers from whom they sought treatment following automobile accidents and with whom their health care insurers had contracted reimbursement rates...

Louisiana v. Lowrie  
Date: May 5, 2015
Docket Number: 2014-CC-1025

Justia Opinion Summary: In December of 2002 Thomas Lowrie married Melissa Lowrie, who gave birth to two children during the marriage: A.L., born February 2003; and B.W., born May 2009. In October of 2010 the Lowries were divorced. Although the...

Kelly v. State Farm Fire & Casualty Co.  
Date: May 5, 2015
Docket Number: 2014-CQ-1921

Justia Opinion Summary: The Fifth Circuit Court of Appeals certified a question of Louisiana law to the Louisiana Supreme Court. The questions stemmed from the claims handling by State Farm Fire & Casualty Company following an automobile accide...

IN RE: JAMES A. GRAY II
Date: March 17, 2015
Docket Number: 2014-B-2085
IN RE: PHYLLIS A. SOUTHALL
Date: March 17, 2015
Docket Number: 2014-B-2441
NELLIE PIERCE, ET AL. v. ATLANTIC RICHFIELD COMPANY, ET AL.
Date: March 17, 2015
Docket Number: 2014-C-1233
Read v. Willwoods Community  
Date: March 17, 2015
Docket Number: 2014-C-1475

Justia Opinion Summary: Willwoods Community is a non-profit corporation subject to the precepts of the Roman Catholic Church providing ministries in affordable housing, faith and marriage, WLAE-TV and Eucharistic Adoration. Father Thomas Chambe...

Guillory v. Pelican Real Estate, Inc.  
Date: March 17, 2015
Docket Number: 2014-C-1539

Justia Opinion Summary: In 2008, plaintiffs Byron and Margo Guillory filed suit against several defendants, including Pelican Real Estate, Inc. and its professional liability insurer, St. Paul Fire and Marine Ins. Co. Essentially, plaintiffs al...

Lemoine v. Wolfe  
Date: March 17, 2015
Docket Number: 2014-CQ-1546

Justia Opinion Summary: The federal Fifth Circuit Court of Appeals certified a question of Louisiana Law to the Louisiana Supreme Court: did the dismissal of Scott Lemoine's criminal stalking prosecution (pursuant to the state Code of Criminal...

Louisiana v. Taylor  
Date: March 17, 2015
Docket Number: 2014-K-0432

Justia Opinion Summary: On March 10, 2010, the Plaquemines Parish Government (PPG) acquired ownership of the state school located at 251 F. Edward Hebert Blvd. in Plaquemines Parish from the Department of Health and Hospitals. In January 2011,...

Louisiana v. Koederitz  
Date: March 17, 2015
Docket Number: 2014-KD-1526

Justia Opinion Summary: In an interlocutory appeal, defendant David Koederitz stood accused of second degree battery and false imprisonment. He filed a motion to exclude certain portions of the medical records from Ochsner Hospital in New Orlea...

Louisiana v. Layton  
Date: March 17, 2015
Docket Number: 2014-KK-1910

Justia Opinion Summary: At a pretrial hearing on the State’s motion to introduce evidence of defendant Gary Layton's 1997 "sexually assaultive behavior," the trial court ruled the evidence was inadmissible because defendant’s alleged conduct di...

In re: Justice of the Peace Lorne L. Landry, Plaquemines Parish, Ward 8  
Date: March 17, 2015
Docket Number: 2014-O-2335

Justia Opinion Summary: This matter stemmed from a recommendation of the Judiciary Commission of Louisiana regarding the failure of respondent Justice of the Peace Lorne L. Landry to comply with the financial reporting requirements of Supreme C...

In re: Judge Sheva M. Sims, Shreveport City Court, Caddo Parish  
Date: March 17, 2015
Docket Number: 2014-O-2515

Justia Opinion Summary: This matter comes before the court on the recommendation of the Judiciary Commission of Louisiana that Judge Sheva M. Sims of the Shreveport City Court, Caddo Parish, be suspended without pay for 90 days and ordered to r...

IN RE: JOHN D. CONRY
Date: January 28, 2015
Docket Number: 2014-B-1761
Crescent Property Partners, LLC v. American Manufacturers Mutual Insurance Co.  
Date: January 28, 2015
Docket Number: 2014-C-0969

Justia Opinion Summary: Property owner Crescent City Property Partners, L.L.C., and a builder, Greystar Development and Construction, LP, entered into a contract in March, 2002 for the construction of a mixed-use development in Lafayette. Alleg...

MELODY ANN RUSHING OLSON v. KIMMY LEE OLSON
Date: January 28, 2015
Docket Number: 2014-C-1063
Miller v. Thibeaux  
Date: January 28, 2015
Docket Number: 2014-C-1107

Justia Opinion Summary: This case arose on March 14, 2011 when, unbeknownst to school bus driver Harold Thibeaux, six-year-old La'Derion Miller's arm became trapped in the school bus door while he was attempting to board the bus. La'Derion was...

Mack Energy Co. v. Expert Oil & Gas, LLC  
Date: January 28, 2015
Docket Number: 2014-C-1127

Justia Opinion Summary: Based on an agreement, an oilfield operator was authorized to charge certain costs against revenues prior to paying the oilfield owners. After a dispute arose, an auditor examined the oilfield operator's costs charged to...

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.