Louisiana Supreme Court Decisions 2021

Justia Opinion Summary: Robert Johnson and Beverly Edwin were married for twenty-two years, and together had three children. During their marriage, Johnson signed and recorded an “Affidavit of Usufruct” in favor of Edwin “for the remainder of…

Justia Opinion Summary: Plaintiffs Anne Marie Auricchio and Patrick Hogan, and defendant Lynleigh Harriston, owned neighboring properties. Harriston’s brother lived in a rental apartment on her property. Plaintiffs sued Harriston, contending…

Justia Opinion Summary: Keith Andrews intervened in the divorce proceedings of Karen and Jarred Kinnett, asserting he was the biological father of Ms. Kinnett’s youngest child. His avowal action was filed eighteen months after the child’s…

Justia Opinion Summary: In 2015, applicant Elizabeth Trahan was involved in a tragic automobile accident, which resulted in a fatality. Applicant and her boyfriend were in a Dodge Charger, which was traveling north at 72 mph in the left lane on…

Justia Opinion Summary: In 2015, Dr. Robert Easton performed a left total hip arthroplasty on Mrs. Cheryl Mitchell, who had dislocated her hip. Shortly thereafter, Mrs. Mitchell re-dislocated her hip and Dr. Easton performed a revision surgery.…

Justia Opinion Summary: The issue presented for the Louisiana Supreme Court's review in this case arose after plaintiff sued for injuries sustained when a cylinder that formed part of a fire-suppressant system discharged while the plaintiff was…

Justia Opinion Summary: In late 2018, plaintiff Teresa Kelleher began to experience pain in her thoracic spine. Plaintiff was ultimately found to have an abscess in her thoracic spine with positive marrow infiltration around the T2 and T3…

Justia Opinion Summary: Plaintiff Cindy Planchard, filed suit against defendant, the New Hotel Monteleone, LLC. Plaintiff alleged that as she crossed the lobby of defendant’s hotel, she slipped on a foreign substance on the marble floor and…

Justia Opinion Summary: Respondent Noe Aguliar-Benitez was convicted by jury of attempted aggravated rape and sexual battery. The evidence presented at trial established that respondent, while a guest in the home, sexually abused an 8-year-old…

Justia Opinion Summary: Calcasieu Parish School Board Sales & Use Tax Department and Kimberly Tyree, in her capacity as Administrator thereof (collectively, “CPSB”) appealed the court of appeal's declaration that 2016 Act No. 3 (“Act 3”) was…

Justia Opinion Summary: A grand jury indicted defendant David Brown on three charges of first degree murder. The State noticed its intent to seek the death penalty, designating several statutory aggravating circumstances. Following the close of…

Justia Opinion Summary: Jessica Petersen and Charles Johnson began living together while Petersen was attending college in Georgia. Although Johnson worked as a mechanic, the couple’s lifestyle was funded almost entirely by a trust created for…

Justia Opinion Summary: The issue in this child custody matter was whether the trial court applied the correct law in awarding joint custody to Sharon Sullivan, the biological parent, and Billie Cook, a non-parent and Sharon’s former same-sex…

Justia Opinion Summary: The Louisiana Supreme Court granted review in this case to examine the interplay between two provisions of the Louisiana Code of Civil Procedure in the context of partial summary judgment. The specific issue presented…

Justia Opinion Summary: The child at issue in this case, Grayson, was born on February 14, 2013 to a mother with a significant history of drug abuse; Grayson allegedly had drugs in his system at birth. Shortly thereafter, in March 2013, Grayson…

Justia Opinion Summary: The State of Louisiana alleged that in July 2015, defendant Walter Johnson, JaQuendas Octave, Jay Lyons, and Casey Johnson took jewelry, cell phones, wallets, money, and credit cards at gunpoint from Roussel’s Antiques…

Justia Opinion Summary: James Conway Liner, III (“Mr. Liner”) executed two notarial testaments: one in 2013 and another in 2015 (purporting to revoke all prior testaments). The 2013 testament, executed pursuant to La. C.C. art. 1577 for…

Justia Opinion Summary: Defendant Randall Burton was found guilty as charged of the second degree murder of Cody Fletcher. The trial court sentenced him to serve life imprisonment at hard labor without parole eligibility. The court of appeal…

Justia Opinion Summary: Arising under the 2006 version of La. R.S. 30:29 (referred to as Act 312), this oilfield remediation case involved the Vermilion Parish School Board (“VPSB”), individually and on behalf of the State of Louisiana, as…

Justia Opinion Summary: This dispute over uninsured motorist ("UM") coverage arose from a motor vehicle accident on Louisiana Highway 6 near Natchitoches. Martin Baack, an employee of Pilgrim’s Pride Corporation, was driving his work vehicle…

Justia Opinion Summary: Because the Louisiana Supreme Court found in its original opinion that plaintiffs had a right of action under La. C.C. arts. 2315.1 and 2315.2, their constitutional challenge was pretermitted and “that part of the…

Justia Opinion Summary: Plaintiff Brenda Bergeron, individually and on behalf of her husband, Donald Bergeron, filed a medical malpractice claim against Donald Richardson, M.D. and Paul Hubbell, III, M.D. A medical review panel unanimously…

Justia Opinion Summary: Taxpayers Kraig and Kelly Strenge appealed directly to the Louisiana Supreme Court a declaration by a district court that La. R.S. 47:1990 was unconstitutional, as applied. The district court’s ruling on partial summary…

Justia Opinion Summary: Defendant Walter Perell Fisher, Jr. was taking a bath at his girlfriend’s residence when officers of the St. Tammany Parish Narcotics Task Force accompanied by a parole officer arrived to conduct a “residence check.” The…

Justia Opinion Summary: The question this case presented for the Lousiana Supreme Court’s review was whether applicant Mark Davidson relieved of his duty to register and provide notice as a sex offender, after the district court set aside his…

Justia Opinion Summary: The issue presented for the Louisiana Supreme Court’s review in this case centered on whether an award of attorney fees and other litigation costs to defendant landowners in an expropriation proceeding could be upheld…

Justia Opinion Summary: Plaintiff filed suit against two defendants: a property owner and her alleged liability insurer. The insurer was served with the petition, but plaintiff withheld service on the property owner. The insurer filed an answer…

Justia Opinion Summary: The Louisiana Supreme Court granted this writ application to address the specific question of whether there was a cause of action for a writ of mandamus compelling a municipality to satisfy a judgment for back wages owed…

Justia Opinion Summary: In a matter of first impression, the Louisiana Supreme Court granted review on whether a suit against the state, in which plaintiff fails to request service within 90 days and which was dismissed for insufficient service…

Justia Opinion Summary: This case involved a defamation claim brought by the executive director of a public agency against the State of Louisiana and the Louisiana Legislative Auditor arising out of statements appearing in two audit reports and…

Justia Opinion Summary: Bryant Walker was employed as an eighteen-wheeler tractor-trailer driver for BlueLinx Corporation (“BlueLinx”). Walker was attempting to make a left turn into the driveway of BlueLinx’s facility: he activated his left…

Justia Opinion Summary: Defendant James Bourgeois, an elected member of the Lafourche Parish Council, was found guilty by a unanimous jury of filing or maintaining false public records. The charge arose from the allegation that defendant had…

Justia Opinion Summary: Defendant Michael Young was charged by bill of information with simple burglary for the 2016 burglary of a B.J.’s Country Stop. The burglar entered the store by breaking the glass door with a brick. He took the cash…

Justia Opinion Summary: In 2019, two armed residents of New Orleans, Zelda and Danny Townsend, confronted a young Black male, later identified as Emanuel Pipkins, who was inside their vehicle. The Townsends blocked the suspect from leaving. As…

Justia Opinion Summary: In 2016, a tugboat pushing a barge through the coastal waters of St. Bernard Parish entered an area known as Christmas Lake. Christmas Lake was productive oyster grounds and contained several oyster leases marked by…

Justia Opinion Summary: The issue presented for the Louisiana Supreme Court's review centered on whether an employee who suffers from noise-induced hearing loss was entitled to indemnity benefits pursuant to La. R.S. 23:1221(4)(p), which…

Justia Opinion Summary: In October 2012, plaintiff Donna Brown filed a complaint with the Louisiana Division of Administration against Dr. Ralph Chesson. Subsequently, she was notified of Dr. Chesson’s status as a qualified state health care…

Justia Opinion Summary: The Louisiana Supreme Court granted certiorari review in this case to determine whether the court of appeal properly granted summary judgment in favor of defendant Louisiana Farm Bureau Casualty Insurance Company (“Farm…

Justia Opinion Summary: The testator herein executed two notarial testaments: one in 2013 and another in 2015 (which purported to revoke all prior testaments). The 2013 testament divided the testator’s property equally among his three adult…

Justia Opinion Summary: Sixteen-year old Donasty Cohen was charged with second-degree murder for the death of her 27-day-old infant son. After trial, a jury found her guilty of manslaughter. The district court sentenced her to serve 17 years…

Justia Opinion Summary: Defendant Jamal Washington was indicted for racketeering; human trafficking; and conspiracy to commit human trafficking. With regard to racketeering, the indictment alleged that defendant, his codefendants, and other…

Justia Opinion Summary: The testator herein executed a notarial testament in 2016, naming her niece as her sole legatee. After the testator’s death in 2018, her widower challenged the testament, contending inter alia that it was rendered…

Justia Opinion Summary: Judge F. Stanton Hardee, III was elected judge for the Kaplan City Court in Vermillion Parish, Louisiana, and took office in 2015. In January 2017, Judge Hardee attended a bachelor party in Park City, Utah celebrating…