Justia Louisiana Supreme Court Opinion Summaries

In 2016, a five-year-old girl, B.J., disclosed to her grandmother, A.J., that her father, the defendant, had inappropriately touched her genitalia. This led to an investigation and the defendant being charged with sexual battery of a victim under the age of 13. At trial, B.J., then eight years old, testified that the incident occurred during an overnight stay at her adult sister’s home. The defendant denied the allegations.A Washington Parish jury found the defendant guilty in 2019. The trial court sentenced him to 40 years imprisonment at hard labor without the possibility of parole, probation, or suspension of sentence. The Court of Appeal, First Circuit, affirmed the conviction but remanded for resentencing due to a procedural error. On remand, the trial court reimposed the 40-year sentence. The defendant appealed again, arguing that the sentence was excessive given his age and the nature of the offense. The Court of Appeal affirmed the sentence.The Supreme Court of Louisiana reviewed the case and found the 40-year sentence excessive. The court noted that the defendant, a first-time sex offender in his mid-60s, received a sentence disproportionate to those imposed in similar cases. The court emphasized that while the crime was serious, a 25-year sentence without parole eligibility would be more appropriate and consistent with sentences in comparable cases. Consequently, the court reduced the sentence to 25 years imprisonment at hard labor without parole eligibility and remanded the case to the district court to update the commitment order. View "State v. Mangrum" on Justia Law

In August 2010, the Board of Supervisors of Louisiana State University filed a suit to expropriate property in New Orleans for constructing an academic medical center. The property owners, Allen Bickham and others, were named as defendants. A default judgment was obtained in March 2011, setting compensation for the property. In October 2011, James Alderdice intervened, claiming a mortgage on the property and seeking damages for lack of notice and demolition of the building.The Orleans Civil District Court granted a peremptory exception of no right of action against Alderdice in March 2014, dismissing his intervention. The Court of Appeal reversed this decision in March 2015, allowing Alderdice to assert his rights as a mortgagee. Alderdice then moved for a status conference and later for a trial date. In March 2017, a joint motion to continue the trial without date was filed and granted. Subsequent motions were filed, including a motion to set for trial in March 2020. The Board moved to dismiss the intervention as abandoned in June 2023, arguing that no steps had been taken for over three years.The Supreme Court of Louisiana reviewed whether the joint motion to continue trial without date constituted a "step" under Louisiana Code of Civil Procedure article 561, which would interrupt the abandonment period. The Court held that such a motion is not a step as it does not hasten the case towards judgment. However, the Court found that the joint motion reflected the parties' intent to advance the lawsuit, thus waiving the abandonment claim. Additionally, the Court noted that the abandonment period was suspended due to the Covid-19 emergency, and Alderdice's motion to set for trial in March 2020 interrupted the abandonment period. The Court affirmed the lower courts' rulings, denying the Board's motion to dismiss the case as abandoned. View "BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE VS. BICKHAM" on Justia Law

An infant child, G.K., suffered grievous injuries while in the legal custody of the Louisiana Department of Children and Family Services (DCFS) and under the physical care of foster parent Samantha Gafford. Brittany Howe, G.K.'s biological mother, filed a lawsuit individually and as natural tutrix of G.K. against Gafford and DCFS. The plaintiffs alleged that DCFS had a non-delegable duty of care towards G.K. and was liable for the actions of the foster parent.The trial court granted DCFS's motion for summary judgment, agreeing with DCFS's argument that the non-delegable duty was effectively overturned by the case Kunath v. Gafford and that there was no genuine issue of material fact regarding Gafford's employment status with DCFS. The Court of Appeal, Second Circuit, affirmed the trial court's decision, reasoning that Louisiana Revised Statute 42:1441.1 prohibited DCFS from being held liable for the actions of foster parents unless the foster parent was an official, officer, or employee of the state.The Supreme Court of Louisiana reviewed the case and reversed the lower courts' decisions. The court held that DCFS has a non-delegable duty of care and well-being owed to children in its legal custody, which cannot be abrogated by La. R.S. 42:1441.1. The court clarified that this duty is distinct from vicarious liability arising from a master-servant relationship and is an affirmative duty owed by the state. The court concluded that the statute does not apply to the duty of care DCFS owes to children in its custody. Consequently, the case was remanded to the trial court for further proceedings consistent with this opinion. View "HOWE VS. GAFFORD" on Justia Law

The petitioner, Rafael Antonio Mena Chavez, filed a lawsuit under the false name "Sergio Balboa" after sustaining injuries while working for Southern Recycling, LLC. Chavez used the alias to obtain employment and continued using it when seeking medical attention and workers' compensation benefits. He later filed a lawsuit against Metso Minerals Industries, Inc., alleging product liability and negligence. Southern Recycling and other intervenors joined the suit, claiming they had paid substantial workers' compensation benefits to "Sergio Balboa."The Orleans Civil District Court denied Metso's motion to dismiss the case, despite Metso's argument that Chavez's use of a false identity undermined the judicial process. The court found no fraud or willful deception at that stage and allowed the case to proceed. Metso's subsequent writ to the Louisiana Court of Appeal, Fourth Circuit, was also denied. Metso then sought relief from the Louisiana Supreme Court.The Louisiana Supreme Court reversed the lower courts' decisions, holding that courts have inherent authority to dismiss an action with prejudice when a petitioner’s conduct undermines the integrity of the judicial process. The court found that Chavez's prolonged use of a false identity was a calculated deception that harmed the judicial system and the defendants. The court dismissed Chavez's petition with prejudice and remanded the case to the trial court to determine whether the intervenors' petition survives the dismissal of Chavez's petition. View "CHAVEZ VS. METSO MINERALS INDUSTRIES, INC." on Justia Law

The case involves the Police Jury of Calcasieu Parish, a political subdivision of Louisiana, which suffered property damage from Hurricanes Laura and Delta in 2020. The Police Jury had insurance policies with a syndicate of eight domestic insurers. The insurers sought to compel arbitration in New York under New York law for the approximately 300 property damage claims. The Police Jury alleged underpayment and untimely payments by the insurers and filed suit in state court, which was later removed to the United States District Court for the Western District of Louisiana.The Western District Court granted the Police Jury's motion to certify three questions of Louisiana law to the Louisiana Supreme Court. The questions concerned the validity of arbitration clauses in insurance policies issued to Louisiana political subdivisions, particularly in light of a 2020 amendment to La. R.S. 22:868 and the applicability of La. R.S. 9:2778, which bars arbitration clauses in contracts with the state or its political subdivisions.The Louisiana Supreme Court addressed the certified questions. First, it held that the 2020 amendment to La. R.S. 22:868, which allowed forum or venue selection clauses in certain insurance contracts, did not implicitly repeal the prohibition of arbitration clauses in all insurance contracts under La. R.S. 22:868(A). Second, the court determined that La. R.S. 9:2778 applies to all contracts with political subdivisions, including insurance contracts, thereby prohibiting arbitration outside Louisiana or the application of foreign law. Third, the court held that a domestic insurer cannot use equitable estoppel to enforce an arbitration clause in another insurer’s policy against a political subdivision, as it would contravene the positive law prohibiting arbitration clauses in La. R.S. 22:868(A)(2).The Louisiana Supreme Court answered all three certified questions, maintaining the prohibition of arbitration clauses in insurance policies issued to Louisiana political subdivisions and affirming the applicability of La. R.S. 9:2778 to such contracts. View "POLICE JURY OF CALCASIEU PARISH VS. INDIAN HARBOR INSURANCE CO." on Justia Law

In 2019, Huberto Martinez's vehicle slid off an icy highway in Shreveport, Louisiana, and was subsequently struck by a tractor-trailer driven by Salah Dahir and owned by Starr Carriers, LLC. Martinez and his passengers, Ada Licona, Rosa Rivera, and Salvador Flores, filed lawsuits against Dahir, Starr Carriers, and their insurer, American Transportation Group Risk Retention Group, Inc. (ATG), which had a policy limit of $1,000,000. Martinez settled his claims before trial, but the jury awarded substantial damages to the remaining plaintiffs, exceeding ATG's policy limit.The First Judicial District Court, Parish of Caddo, denied the defendants' post-trial motions and rendered a final judgment in favor of the plaintiffs for $2,802,054.66 plus interest and costs. The defendants sought a suspensive appeal and requested a bond less than the entire judgment, citing their inability to secure such a bond. The trial court set the bond at the full judgment amount. ATG posted a bond for its remaining policy limits plus interest and costs. The Second Circuit Court of Appeal denied ATG's request for supervisory review.The Supreme Court of Louisiana reviewed the case and held that an insurer is not required to post a bond exceeding its policy limits to secure a suspensive appeal. The court determined that requiring ATG to post a bond for the entire judgment would impair the contractual limits of liability and violate the contract clause of the state constitution. The court allowed ATG to post a bond up to its policy limits for a suspensive appeal and to devolutively appeal the remainder of the judgment. The case was remanded for further proceedings consistent with this holding. View "MARTINEZ VS. AMERICAN TRANSPORT GROUP RISK RETENTION GROUP, INC." on Justia Law

The case involves an automobile accident that occurred on June 2, 2018, where Theresa Fisher's vehicle was rear-ended by a vehicle driven by Steven Harter, Jr., causing a chain reaction. Steven Harter, Sr., was also named as a defendant because his son was a minor at the time. The plaintiff sought a declaratory judgment challenging the constitutionality of La. R.S. 13:4163, which allows legislators and legislative employees to obtain continuances or extensions of court dates.The 1st Judicial District Court upheld the constitutionality of La. R.S. 13:4163, and the appellate court declined the plaintiff’s application for supervisory review. The district court had previously granted a partial summary judgment in favor of the plaintiff, finding Steven Harter, Jr. negligent and his father vicariously liable. The court also dismissed the defendants' affirmative defenses of comparative and third-party fault. However, the district court denied the plaintiff's motion for declaratory judgment on the constitutionality of La. R.S. 13:4163, stating that the statute did not violate the separation of powers or any constitutional rights.The Supreme Court of Louisiana reviewed the case and reversed the district court's decision. The court held that La. R.S. 13:4163 is unconstitutional on its face because it usurps the judiciary's power to grant or deny continuances, violating the separation of powers doctrine. The court emphasized that the statute mandates courts to grant continuances ex parte, without a hearing, which undermines the courts' inherent authority to manage their dockets and ensure the fair administration of justice. The case was remanded to the district court with instructions to conduct a contradictory hearing for all contested motions for continuance. View "FISHER VS. HARTER" on Justia Law

Bonny Babin Maloney passed away in May 2020, leaving behind a will that included a no-contest clause. Her husband, Robert Maloney, Sr., had predeceased her in June 2019, and his will also contained a no-contest clause. Upon Robert Sr.'s death, Mrs. Maloney inherited various assets, including the family home. Mrs. Maloney's will bequeathed the family home to her daughter Julie and included a clause disinheriting any heir who contested the will or engaged in a controversy against the executor concerning her estate.Robert Jr. and Kurt, two of Mrs. Maloney's children, filed a petition in Robert Sr.'s succession to annul the codicils of his will, claiming lack of testamentary capacity. They obtained a temporary restraining order (TRO) to prevent Craig, the executor of both estates, from administering the assets, including the family home. The trial court ruled that Robert Sr. had testamentary capacity and disinherited Robert Jr. and Kurt under the no-contest clause in Robert Sr.'s will. Craig then sought to enforce the no-contest clause in Mrs. Maloney's will, arguing that the TRO violated the clause.The Supreme Court of Louisiana reviewed the case to determine if the no-contest clause in Mrs. Maloney's will was enforceable. The court held that the clause was clear and unambiguous, and Robert Jr. and Kurt's actions in obtaining the TRO against Craig, in his capacity as executor of Mrs. Maloney's estate, triggered the clause. Consequently, Robert Jr. and Kurt were disinherited from Mrs. Maloney's estate. The court affirmed the lower court's grant of partial summary judgment in favor of Craig, upholding the enforcement of the no-contest clause. View "SUCCESSION OF MALONEY" on Justia Law

Advanced Benefit Concepts, Inc. (ABC) filed a breach of contract lawsuit against Access Health, Inc., Preferred Care Services, Inc., and Blue Cross and Blue Shield of Alabama (collectively, Access Health). ABC alleged that Access Health failed to pay fees owed under an agreement where ABC helped Access Health secure a contract with the State of Louisiana’s Office of Group Benefits (OGB). Access Health countered that the contract was null and void because ABC did not register as a lobbyist as required by the Louisiana Executive Branch Lobbying Act.The district court ruled in favor of Access Health, declaring the contract void due to ABC’s failure to register as a lobbyist. The court granted Access Health’s motion for summary judgment, dismissing ABC’s breach of contract claim. ABC’s exceptions of lack of subject matter jurisdiction and prescription were overruled. ABC appealed the decision.The Louisiana Court of Appeal, First Circuit, reversed the district court’s decision, holding that the Board of Ethics had exclusive jurisdiction to determine the validity of the contract under the Lobbying Act. The appellate court concluded that the district court lacked subject matter jurisdiction to declare the contract void and reversed the summary judgment.The Supreme Court of Louisiana reviewed the case and reversed the appellate court’s decision. The Supreme Court held that the district court has subject matter jurisdiction to hear the contractual dispute, including the affirmative defense of nullity based on the Lobbying Act. The court emphasized that the Executive Branch Lobbying Act does not deprive the district court of jurisdiction and that the district court can consider whether the contract is an absolute nullity under Louisiana Civil Code article 2030. The case was remanded to the appellate court to consider the exception of prescription and the merits of the summary judgment motion. View "ADVANCED BENEFIT CONCEPTS, INC. VS. BLUE CROSS AND BLUE SHIELD OF ALABAMA" on Justia Law

In July 2024, Judge Marcus L. Hunter filed a notice of candidacy for the office of Associate Justice of the Louisiana Supreme Court, certifying that he had filed his federal and state income tax returns for the previous five years. Elisa Knowles Collins, a resident of District Two, challenged his candidacy, alleging that Judge Hunter falsely certified his tax filings. At trial, Collins presented an affidavit from the Louisiana Department of Revenue indicating no confirmed tax filings for Hunter for 2021, 2022, and 2023. Hunter's accountant testified that she electronically filed his 2022 and 2023 tax returns, but they were rejected by the IRS.The 19th Judicial District Court overruled Collins' challenge, finding that although she established a prima facie case, Hunter provided sufficient evidence to counter it. The Court of Appeal, Fourth Circuit, affirmed this decision, with two judges dissenting, arguing that Hunter did not meet his burden of proof.The Supreme Court of Louisiana reviewed the case and found that Hunter failed to provide sufficient evidence to rebut Collins' prima facie case. The court noted that Hunter did not testify or provide copies of his tax returns, and his accountant's testimony and documents were insufficient to prove that the tax returns were filed. Consequently, the Supreme Court reversed the lower courts' judgments, declared Hunter ineligible as a candidate, and directed the Secretary of State to remove his name from the ballot or void any votes cast for him if the ballot had already been printed. View "COLLINS VS. CHAMBERS" on Justia Law