Louisiana Supreme Court Decisions 2022

Justia Opinion Summary: This dispute over UM coverage arose from a motor vehicle accident wherein an uninsured motorist struck and killed Macy Lee Alvey, III, who was in the course and scope of his employment with Rony’s Towing & Recovery, LLC…

Justia Opinion Summary: This consolidated matter arose from a class action for damages filed by Louisiana health care providers for alleged violations of the Preferred Provider Organizations (“PPO”) statute. La. R.S. 40:2201, et seq. The…

Justia Opinion Summary: The decedent Willie Clyde Burns married Silver Ruth Cooper in 1959. The couple lived in Claiborne Parish, Louisiana and had three children. A divorce petition was filed in 1966 in Arkansas, captioned “Sybia Ruth Burns…

Justia Opinion Summary: At issue in this matter was an action to quiet title following the tax sale of a parcel of immovable property. Although the district court rendered judgment in favor of plaintiff NAR Solutions, Inc., the appellate court…

Justia Opinion Summary: The property at issue was part of a larger tract purchased by Clarence Saloom in 1953 during his marriage to Pauline Womac Saloom. The entire tract was about 80 acres and became known as the “Pine Farm.” Plaintiffs were…

Justia Opinion Summary: Plaintiff Walter George was standing at the roadside of his home in Houma, Louisiana, at the same time defendant Progressive Waste Solutions of La., Inc. (“Progressive”) was picking up garbage on plaintiff’s street.…

Justia Opinion Summary: Defendant Qwandarious Rowe was charged by bill of information with possession of methamphetamine (less than two grams). The incident giving rise to defendant’s arrest occurred at a Washington Parish fair: a fair attendee…

Justia Opinion Summary: Defendant Kenneth Gleason was convicted for the first-degree murder of Donald Smart, for which he received a life sentence. After giving notice he intended to appeal, Gleason died in prison. The court of appeal dismissed…

Justia Opinion Summary: In an issue of first impression for the Louisiana Supreme Court, was what prescriptive period, if any, was applicable to a citizen suit for injunctive relief pursuant to LSA-R.S. 30:16 suit. Justin Tureau instituted a…

Justia Opinion Summary: Certiorari was granted in this case to resolve a split in the decisions of the Louisiana courts of appeal regarding the relationship between La. C.C.P. art. 425 and the res judicata statutes, La. R.S. 13:4231 and…

Justia Opinion Summary: Alexis Carroll Hartline and Zachary Shawn Hartline sought an interim allowance for their maintenance during the administration of the succession of Raymond John Brandt (“Decedent”). It was undisputed that the Hartlines…

Justia Opinion Summary: Adrian Perkins, the then-current mayor of Shreveport, Louisiana, sought reelection to that office. On July 22, 2022, Perkins signed and filed a notice of candidacy form, as required by La. R.S. 18:461 to become a…

Justia Opinion Summary: The Louisiana Supreme Court granted review in this case to determine whether a stamped signature on an uninsured/underinsured motorist (“UM”) coverage rejection form, affixed by the administrative assistant of the…

Justia Opinion Summary: In 2018, plaintiffs Isiah and Chrishanna Smith filed a medical malpractice suit on behalf of their minor son, Mason Heath. Dr. Robert Russell, Minden Medical Center and staff, and Dr. Cristal Kirby were named defendants.…

Justia Opinion Summary: Plaintiff Reginald Martin named truck driver Rodney Thomas, his employer Greer Logging, LLC, and its insurer National Liability and Fire Insurance Company as defendants in this personal injury case. Plaintiff alleged he…

Justia Opinion Summary: In 2016, Nucor Steel Louisiana, LLC submitted a tax refund claim to St. James Parish School Board and the St. James Parish Tax Agency (collectively the “Collector”). The claim alleged an overpayment of sales and use tax…

Justia Opinion Summary: Lia Kazan (“Lia”) visited an Alexandria, Louisiana motel to meet some friends. During the course of her visit, she went went to the motel parking lot to retrieve something from her vehicle. Anthony Murray, another motel…

Justia Opinion Summary: Defendant Ladarious Brown was arrested for several offenses stemming from a domestic incident, but he was ultimately charged with two crimes: illegal use of weapons; and aggravated flight from an officer. A jury found…

Justia Opinion Summary: Defendant Brian Clarke was charged with one count of home invasion. He provided notice of his intent to present the affirmative defense of voluntary intoxication at trial. In response, the State filed a motion in limine…

Justia Opinion Summary: This case arose from a 2016 road rage incident that led to the shooting death of Joseph McKnight. A grand jury indicted the defendant Ronald Gasser for second degree murder. The case proceeded to a trial before a…

Justia Opinion Summary: Vermilion Parish School Board (“VPSB”) filed suit in 2004, alleging oil and gas operations conducted pursuant to a 1935 mineral lease and a 1994 surface lease damaged Section 16 land. VPSB asserted causes of action for…

Justia Opinion Summary: On November 21, 2017, Richard Bush presented to Saint Bernard Parish Hospital for depression and suicidal ideations. At the hospital, Dr. Miguel Aguilera treated and discharged him. Bush attempted re-admittance with the…

Justia Opinion Summary: Defendant Chrystal Clues-Alexander was indicted for the second degree murder of her husband. She made two motions to declare former La.C.Cr.P. art. 782(A) unconstitutional, and require a unanimous jury at trial, which…

Justia Opinion Summary: Defendant Mark Spell was the pastor of a church in Central, Louisiana. On March 31, 2020, he was issued six misdemeanor citations for violating two executive orders issued by Louisiana Governor Edwards in response to the…

Justia Opinion Summary: This litigation arose from a medical malpractice suit brought by plaintiffs, individually and on behalf of their minor daughter, against Dr. Daryl Elias, Jr. and his insurer. Plaintiffs alleged Dr. Elias committed…

Justia Opinion Summary: The Louisiana Supreme Court granted certiorari in this case to decide whether the district court had jurisdiction over a claim for penalties against an insurer arising from its failure to provide a defense in workers’…

Justia Opinion Summary: This summary judgment matter arose from a petition for declaratory judgment seeking a declaration (amongst other things) that defendant First Guaranty Bank (the “Bank”) applied an incorrect interest rate and thus…

Justia Opinion Summary: In 2015, plaintiff Ronald Hicks was a passenger in a heavy-duty flatbed truck when it was rear-ended by a vehicle driven by Robert Harger, Jr., who was traveling at approximately 60-65 mph and did not brake before…

Justia Opinion Summary: Plaintiff Dejaun Kendrick, individually and on behalf of her minor son, sued the estate of the deceased, Anthony Michael Barre, seeking filiation and child support. The estate filed exceptions of prescription, no cause…

Justia Opinion Summary: The Louisiana Supreme Court granted certiorari in this case to address whether the law in effect at the time a testamentary trust came into existence allowed the settlor of the trust to provide for substitution of…

Justia Opinion Summary: Jefferson Parish directly appealed a trial court’s judgment finding that Jefferson Parish ordinance, Section 36-320, et seq., titled, “School Bus Safety Enforcement Program for Detecting Violations of Overtaking and…

Justia Opinion Summary: The Louisiana Cemetery Board (“LCB”) challenged a district court’s judgment finding Louisiana Administrative Code 46:XIII.1503 C to be unconstitutional. Whether the Louisiana Supreme Court had appellate jurisdiction was…

Justia Opinion Summary: The Fifth Circuit Court of Appeals certified a question of law to the Louisiana Supreme Court in Doe v. Mckesson, 2 F.4th 502 (5th Cir. 2021) (per curiam). The plaintiff in this personal injury case named as defendants…

Justia Opinion Summary: The Judiciary Commission of Louisiana (“the Commission”) recommended to discipline Judge Jerry L. Denton, Jr., City Court Judge of Denham Springs, Louisiana. A complaint against Judge Denton was filed by attorney Maria…

Justia Opinion Summary: Defendant David Brown was indicted by grand jury for the first degree murder of Captain David Knapps, a correctional officer at the Louisiana State Penitentiary at Angola. Defendant was tried by jury which found…

Justia Opinion Summary: The Louisiana Supreme Court granted certiorari to consider whether waste tire processors were prohibited from charging waste tire generators a transportation fee above the fees statutorily provided by Louisiana’s waste…

Justia Opinion Summary: Plaintiffs Calvin and Mary Landry filed a petition for damages, alleging they suffered injuries arising out of an automobile collision. Plaintiffs brought the action against defendant-driver Riyad Shaibi, his insurer…

Justia Opinion Summary: In September 2015, the Tampa Bay Buccaneers played the New Orleans Saints in the New Orleans Superdome. In preparation for the game, the Buccaneers’ Director of Football Security Operations contacted the New Orleans…

Justia Opinion Summary: The Louisiana Supreme Court granted the State’s application to determine whether the State carried its heavy burden of showing that the two-year limitations period to commence trial on defendant Joseph Schmidt's…

Justia Opinion Summary: This matter arose from the recommendation of the Judiciary Commission of Louisiana (“the Commission”) that Judge Johnell M. Matthews of Baton Rouge City Court be removed from office because she was constitutionally…

Justia Opinion Summary: In the latter part of August 2021, University Health Shreveport, LLC d/b/a Ochsner LSU Health Shreveport and LSU Health-St. Mary Medical Center, LLC (Employer) notified all employees that they were required to be fully…