Louisiana Supreme Court Decisions 2021

In re: Succession of the Estate of Robert Johnson  
Date: December 10, 2021
Docket Number: 2020-C-00815

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…

Auricchio v. Harriston  
Date: December 10, 2021
Docket Number: 2020-CC-01167

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…

Kinnett v. Kinnett  
Date: December 10, 2021
Docket Numbers: 2020-CJ-01134, 2020-CJ-01143, 2020-CJ-01156

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…

Louisiana v. Trahan  
Date: December 10, 2021
Docket Number: 2020-K-01233

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…

IN RE: DWAN S. HILFERTY
Date: December 10, 2021
Docket Number: 2021-B-01007
IN RE: DEVONNA M. PONTHIEU
Date: December 10, 2021
Docket Number: 2021-B-01151
Mitchell v. Baton Rouge Orthopedic Clinic, LLC et al.  
Date: December 10, 2021
Docket Number: 2021-C-00061

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.…

Malta v. Herbert S. Hiller Corp. et al.  
Date: December 10, 2021
Docket Number: 2021-C-00209

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…

Kelleher v. University Medical Center Management Corp.  
Date: December 10, 2021
Docket Number: 2021-CC-00011

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…

Blanchard v. New Hotel Monteleone, LLC.  
Date: December 10, 2021
Docket Number: 2021-CC-00347

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…

Louisiana v. Aguliar-Benitez  
Date: December 10, 2021
Docket Number: 2021-K-00174

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…

Calcasieu Parish School Bd. Sales & Use Dept., et al. v. Nelson Industrial Steam Co.  
Date: December 10, 2021
Docket Number: 2021-OC-00552

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…

Louisiana v. Brown  
Date: September 30, 2021
Docket Number: 2018-KA-01999

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…

IN RE: JOSEPH N. MAYER, III
Date: September 30, 2021
Docket Number: 2020-B-01335
Fairbanks Development, LLC v. Johnson et al.  
Date: September 30, 2021
Docket Number: 2020-C-01031

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…

Cook v. Sullivan  
Date: September 30, 2021
Docket Number: 2020-C-01471

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…

Zapata v. Seal  
Date: September 30, 2021
Docket Number: 2020-CC-01148

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…

Kunath v. Gafford  
Date: September 30, 2021
Docket Number: 2020-CC-01266

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…

Louisiana v. Johnson  
Date: September 30, 2021
Docket Number: 2020-K-00743

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…

Succession of James Conway Liner, III  
Date: June 30, 2021
Docket Number: 2019-C-02011

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…

Louisiana v. Burton  
Date: June 30, 2021
Docket Number: 2019-K-01079

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…

Louisiana v. Louisiana Land & Exploration Co. et al.  
Date: June 30, 2021
Docket Number: 2020-C-00685

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…

Baack v. McIntosh et al.  
Date: June 30, 2021
Docket Number: 2020-C-01054

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…

Rismiller et al. v. Gemini Ins. Co.  
Date: June 30, 2021
Docket Number: 2020-CA-00313

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…

Bergeron v. Richardson et al.  
Date: June 30, 2021
Docket Number: 2020-CC-01409

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…

IN RE: KEVIN C. SCHOENBERGER
Date: June 30, 2021
Docket Number: 2021-B-00191
Comeaux v. Louisiana Tax Commission  
Date: May 20, 2021
Docket Number: 2020-CA-01037

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…

Louisiana v. Fisher  
Date: May 13, 2021
Docket Number: 2019-K-01899

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…

IN RE: CECELIA F. ABADIE
Date: May 13, 2021
Docket Number: 2020-B-01276
IN RE: DONALD R. DOBBINS
Date: May 13, 2021
Docket Number: 2020-B-01403
IN RE: KATHLEEN M. WILSON
Date: May 13, 2021
Docket Number: 2020-B-01488
Davidson v. Louisiana  
Date: May 13, 2021
Docket Number: 2020-C-00976

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…

Bayou Bridge Pipeline, LLC v. 38.00 Acres, More or Less, Located in St. Martin Parish et al.  
Date: May 13, 2021
Docket Number: 2020-C-01017

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…

Williams v. Foremost Ins. Co. et al.  
Date: May 13, 2021
Docket Number: 2020-C-01120

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…

Lowther et al. v. Town of Bastrop  
Date: May 13, 2021
Docket Number: 2020-C-01231

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…

Davis v. Louisiana  
Date: May 13, 2021
Docket Number: 2020-CC-01020

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…

Johnson v. Purpera  
Date: May 13, 2021
Docket Number: 2020-CC-01175

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…

Hester v. Walker et al.  
Date: May 13, 2021
Docket Number: 2020-CC-01278

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…

Louisiana v. Bourgeois  
Date: May 13, 2021
Docket Number: 2020-K-00883

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…

Louisiana v. Young  
Date: May 13, 2021
Docket Number: 2020-K-01041

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…

Louisiana v. Hebert  
Date: May 13, 2021
Docket Number: 2020-KK-00671

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…

IN RE: CLARENCE T. NALLS, JR.
Date: March 24, 2021
Docket Number: 2020-B-01126
IN RE: MARK G. SIMMONS
Date: March 24, 2021
Docket Number: 2020-B-01139
Melerine v. Tom's Marine & Salvage, LLC  
Date: March 24, 2021
Docket Number: 2020-C-00571

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…

Hartman v. St. Bernard Parish Fire Dept.  
Date: March 24, 2021
Docket Number: 2020-C-00693

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…

Brown v. Chesson  
Date: March 24, 2021
Docket Number: 2020-CC-00730

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…

Higgins v. Louisiana Farm Bureau Casualty Ins. Co.  
Date: March 24, 2021
Docket Number: 2020-CC-01094

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…

Succession of James Conway Liner, III  
Date: January 27, 2021
Docket Number: 2019-C-02011

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…

Lousiana v. Cohen  
Date: January 27, 2021
Docket Number: 2019-K-00949

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…

Washington v. Louisiana  
Date: January 27, 2021
Docket Number: 2019-KK-01792

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…

Succession of Peggy Blackwell Bruce  
Date: January 27, 2021
Docket Number: 2020-C-00239

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…

In re: F. Stanton Hardee, III  
Date: January 27, 2021
Docket Number: 2020-O-00747

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…

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.