Louisiana Supreme Court Decisions 2019

in re: laura j. johnson
Date: December 11, 2019
Docket Number: 2019-B-01128
West Feliciana Parish Government v. Louisiana  
Date: December 11, 2019
Docket Number: 2019-CA-00878

Justia Opinion Summary: Plaintiffs were the Plaquemines Parish Council and the St. James Parish School Board, each being designated as the single collector for sales and use taxes levied by all taxing authorities within their respective parishe...

Louisiana vs. Bourg  
Date: December 11, 2019
Docket Number: 2019-K-00038

Justia Opinion Summary: In 2014, defendant David Bourg fatally shot Michael Pitre in the head while they were sitting in defendant's truck parked outside Pitre's mother's home in Oberlin, Louisiana. Defendant and the victim had been drinking, a...

Louisiana vs. Fussell  
Date: December 11, 2019
Docket Number: 2019-KA-01061

Justia Opinion Summary: Defendant Hunter Fussell was indicted for a first degree rape of a victim under the age of thirteen that he was alleged to have committed on or shortly after his fifteenth birthday. Defendant filed motions contending tha...

Louisiana v. Hodge  
Date: November 19, 2019
Docket Number: 2019-KA-00568

Justia Opinion Summary: By separate bills of information, defendant Valentino Hodge was charged with one count of domestic abuse battery by strangulation in the presence of a minor, and with one count of possession of a firearm by a convicted f...

Louisiana vs. Jones  
Date: October 22, 2019
Docket Number: 2017-K-00658

Justia Opinion Summary: In 2011, four men, including Merlin Smothers and Jeremiah Harris, were engaged in illegal activities in Harris’s vehicle when a blue Monte Carlo pulled up behind them. A person stood up through the Monte Carlo’s sunroof...

Louisiana in the Interest of A.N.  
Date: October 22, 2019
Docket Number: 2018-CK-01571

Justia Opinion Summary: A.N. was adjudicated delinquent for aggravated incest involving his sister, J.N. The petition charging A.N. alleged that J.N. was between ages seven and eleven, and that A.N. was between twelve and sixteen when the offen...

Louisiana in the Interest of E.S.  
Date: October 22, 2019
Docket Number: 2018-CK-01763

Justia Opinion Summary: In February 2017, five-year-old N.H. reported to her grandfather that E.S. “has me put his missy in my mouth.” N.H.’s grandfather asked her to repeat herself, with which she complied, but otherwise he did not inquire fur...

LeBlanc Marine, L.L.C. vs. Louisiana, Division of Administration, Office of Facility Planning and Control  
Date: October 22, 2019
Docket Number: 2019-C-00053

Justia Opinion Summary: This dispute arose out of a project known as Phase III Levee Repairs at Rockefeller Wildlife Refuge located in Grand Chenier, Louisiana (“the Project”). In May 2017, the State, through the Division of Administration, Off...

Succession of Edward Robin, Sr.  
Date: October 22, 2019
Docket Number: 2019-C-00405

Justia Opinion Summary: Edward Robin (Testator) had ten children: five from his first marriage to Doris Robin–Chris, Don, Brad, Edward, Jr., and Donna Robin; three from his second marriage to Thaslia Robin–Marcela Dardar, Elizabeth Locicero, an...

Smith vs. Citadel Insurance Company  
Date: October 22, 2019
Docket Number: 2019-CC-00052

Justia Opinion Summary: This litigation arose from a suit filed by plaintiff Beverly Smith against Darlene Shelmire and her insurer, GoAuto Insurance Company (“GoAuto”), as a result of an automobile accident in 2010. In 2015, following a trial...

Louisiana vs. Parker  
Date: October 22, 2019
Docket Number: 2019-K-00028

Justia Opinion Summary: After defendant Desmond Parker was found guilty of simple robbery and intimidating a witness, the State filed a habitual offender bill of information alleging that defendant was a fourth-felony offender. The district cou...

Louisiana vs. Reimonenq  
Date: October 22, 2019
Docket Number: 2019-KK-00367

Justia Opinion Summary: In 2016, a grand jury indicted defendant Fred Reimonenq on charges of first degree rape, attempted first degree rape, and sexual battery of a victim under the age of 13. Trial was scheduled to begin on September 25, 2018...

Louisiana vs. Lyles  
Date: October 22, 2019
Docket Number: 2019-KO-00203

Justia Opinion Summary: In 2016, a jury found defendant Henri Lyles guilty of an aggravated battery, committed in 2015. The State filed a habitual offender bill of information alleging two predicate offenses: a 1991 distribution of cocaine conv...

Louisiana v. Clark  
Date: June 26, 2019
Docket Number: 2012-KA-0508

Justia Opinion Summary: After his second trial, appellant Jeffrey Clark was found guilty of the 1999 first degree murder of Captain David Knapps during a failed attempt to escape from the Louisiana State Penitentiary at Angola, where appellant...

Louisiana v. Leger  
Date: June 26, 2019
Docket Number: 2017-K-2084

Justia Opinion Summary: The Louisiana Supreme Court granted certiorari in this case to review an appellate court judgment that modified defendant David Leger’s five vehicular homicide convictions to negligent homicide, vacated his sentences and...

Louisiana v. Thomas  
Date: June 26, 2019
Docket Number: 2017-KP-0649

Justia Opinion Summary: Defendant Darrell Thomas was unequivocally identified by both Traavis and Stephan Harris as the person who exited a black SUV and started firing at them. The shooting took place near the Take-a-Bag store on Milam Street...

IN RE: PATRICK A. GIRAUD
Date: June 26, 2019
Docket Number: 2018-B-1646
W&T Offshore, LLC v. Texas Brine Corp.
Date: June 26, 2019
Docket Number: 2018-C-0950
Palowsky v. Campbell et al.  
Date: June 26, 2019
Docket Number: 2018-C-1105

Justia Opinion Summary: Plaintiffs filed suit against certain judges of the Fourth Judicial District Court (Louisiana) as well as a law clerk employed by that court. Essentially, plaintiffs alleged the law clerk “spoliated, concealed, removed,...

Boothe v. Louisiana Dept. of Transportation & Development  
Date: June 26, 2019
Docket Number: 2018-C-1746

Justia Opinion Summary: On December 11, 2008, the Baton Rouge area experienced a snowstorm. The storm was of sufficient magnitude to result in the issuance of a winter weather advisory and closure of area schools. The schools reopened the next...

Bias v. Louisiana Physical Therapy Board  
Date: June 26, 2019
Docket Number: 2018-C-2042

Justia Opinion Summary: The Louisiana Physical Therapy Board (“Board”) was established under the provisions of La. R.S. 37:2403, requiring that the Board shall consist of seven members appointed by the governor and further provided at least one...

Louisiana v. Hughes  
Date: June 26, 2019
Docket Number: 2018-K-0006

Justia Opinion Summary: Defendant Brian Hughes was arrested in the parking lot of Grant Junior High School, near Dry Prong, Louisiana. A search incident to arrest revealed a plastic bag in defendant’s pocket, which contained a substance that ap...

Louisiana v. Folse  
Date: June 26, 2019
Docket Number: 2018-KK-1518

Justia Opinion Summary: Defendant Kelly Folse, a veterinarian, was charged with aggravated cruelty to animals, and illegal use of a weapon, arising from the allegation she shot her neighbor’s dog in River Ridge. Defendant was arrested and her h...

Gotch v. Scooby's ASAP Towing, LLC et al.  
Date: June 26, 2019
Docket Number: 2019-C-0030

Justia Opinion Summary: Plaintiff Terry Gotch filed this suit for damages against defendants Joseph Derousselle and his employer, Scooby’s ASAP Towing, LLC (“Scooby’s”). Plaintiff alleged he was a guest passenger in a vehicle driven by Alydia M...

Soileau v. Wal-Mart Stores, Inc.  
Date: June 26, 2019
Docket Number: 2019-C-0040

Justia Opinion Summary: In a workers’ compensation matter, the Louisiana Supreme Court was presented with the question of whether an employee’s motion to compel her employer to choose a pharmacy other than the pharmacy at its retail stores to f...

IN RE: DANTE JEROME BUTLER
Date: May 8, 2019
Docket Number: 2018-B-1812
IN RE: JOHN JULIUS STEGER, IV
Date: May 8, 2019
Docket Number: 2018-B-1979
Murphy v. Savannah  
Date: May 8, 2019
Docket Number: 2018-C-0991

Justia Opinion Summary: Robert Murphy was operating his motorcycle on a two-lane stretch of Louisiana Highway in a southerly direction. At the same time, Shauntal Savannah was driving her Nissan Maxima in the northbound lane. As she pulled into...

Simmons v. Cornerstone Investments, LLC  
Date: May 8, 2019
Docket Number: 2018-CC-0735

Justia Opinion Summary: Plaintiff Kerry Simmons worked for Cintas Corporation No. 2, (“Cintas”), at its warehouse in Pineville, Louisiana. Plaintiff was working in the course and scope of his employment when he was injured while attempting to c...

Creekstone Juban I, LLC v. XL Insurance America, Inc.  
Date: May 8, 2019
Docket Number: 2018-CC-0748

Justia Opinion Summary: This case concerned a disagreement over a claim for flood damage submitted by Plaintiff-Respondent Creekstone/Juban I, LLC (“Creekstone”), a Delaware limited liability company, under a commercial property and casualty in...

Guffey v. Lexington House, LLC  
Date: May 8, 2019
Docket Number: 2018-CC-1568

Justia Opinion Summary: Plaintiffs, two of the decedent’s children, brought wrongful death and survival actions under the Louisiana Medical Malpractice Act against a nursing home, alleging that injuries the decedent received when the nursing ho...

Louisiana ex rel. Caldwell v. Molina Healthcare, Inc.  
Date: May 8, 2019
Docket Number: 2018-CC-1768

Justia Opinion Summary: Louisiana, represented by its Attorney General, filed this lawsuit in 2014 against defendants, Molina Healthcare, Inc., Molina Information Systems, L.L.C. d/b/a Molina Medicaid Solutions, and Unisys Corporation. As descr...

Stemcor USA Inc. v. CIA Siderurgica Do Para Cosipar  
Date: May 8, 2019
Docket Number: 2018-CQ-1728

Justia Opinion Summary: The Louisiana Supreme Court accepted a certified question of Louisiana law presented by the U.S. District Court of Appeals for the Fifth Circuit. This case involves a dispute between two creditors, each of which attached...

Louisiana v. Turner  
Date: May 8, 2019
Docket Number: 2018-K-0780

Justia Opinion Summary: Defendant Randy Turner was found guilty of aggravated flight from an officer. He was adjudicated a habitual offender based on the commission of seven predicate felonies and sentenced to 40 years imprisonment at hard labo...

Louisiana v. Hoang  
Date: March 26, 2019
Docket Number: 2017-K-0100

Justia Opinion Summary: Defendant Khoi Hoang was indicted with conspiracy to commit second degree murder, solicitation to commit second degree murder, second degree murder, and obstruction of justice. Lien Nguyen was abducted from his home duri...

IN RE: DORIS MCWHITE WESTON
Date: March 26, 2019
Docket Number: 2018-B-1799
Ulrich v. Robinson  
Date: March 26, 2019
Docket Number: 2018-CA-0534

Justia Opinion Summary: Plaintiffs Justin and Gwen Ulrich and Raymond and Pam Alleman purchased and installed residential solar systems with the expectation of receiving an income tax credit of up to $12,500 pursuant to La. Rev. Stat. 47:6030(B...

STATE OF LOUISIANA v. ISSA L. LAMIZANA, JR.
Date: January 30, 2019
Docket Number: 2017-K-1490
IN RE: WILLIAM MAGEE
Date: January 30, 2019
Docket Number: 2018-B-0383
IN RE: DANIEL E. BECNEL, III
Date: January 30, 2019
Docket Number: 2018-B-0848
IN RE: FELIX DEJEAN, IV
Date: January 30, 2019
Docket Number: 2018-B-1333
IN RE: ALICIA JOHNSON BUTLER
Date: January 30, 2019
Docket Number: 2018-B-1472
Griggs v. Bounce N' Around Inflatables, LLC  
Date: January 30, 2019
Docket Number: 2018-C-0726

Justia Opinion Summary: Bounce N’ Around Inflatables (“BNA”) is a party rental business that rents a variety of inflatables for social events. BNA hired Austin Griggs (“Austin”) as a helper to assist in the delivering and cleaning of the inflat...

Louisiana In the Interest of A.L.D. & L.S.D.  
Date: January 30, 2019
Docket Number: 2018-CJ-1271

Justia Opinion Summary: The Louisiana Supreme Court granted a writ in this termination of parental rights case to determine if the court of appeal erred in reversing a district court judgment terminating the parental rights of the father, C.K.D...

Louisiana v. Miguel  
Date: January 30, 2019
Docket Number: 2018-KK-0711

Justia Opinion Summary: Defendant Melvin Miguel was driving a vehicle that was stopped because it had a cracked windshield. Defendant had been driving with a suspended driver’s license and a fraudulent license plate. In addition, he admitted sm...

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