Justia Louisiana Supreme Court Opinion Summaries

A creditor obtained a judgment against an individual debtor and later sought to collect on that judgment by garnishing the debtor’s alleged employer, a company. The creditor, as successor in interest to the original plaintiff, filed a petition for garnishment against the company, asserting it employed or was otherwise indebted to the debtor. The company was served with the petition and interrogatories but did not timely file answers in court. However, before a hearing on the creditor’s motion for judgment pro confesso, the company provided sworn answers directly to the creditor, stating it never employed or owed anything to the debtor and identifying the debtor’s actual employer. The company did not file these answers into the court record. At the hearing, the court was not informed of the company’s responses and, based on the lack of record answers, rendered a judgment against the company for the full amount owed by the debtor.Subsequently, the company moved to reopen the garnishment proceedings and set aside the judgment, arguing it had provided the necessary information to the creditor before the hearing. The city court granted the motion and vacated its prior judgment, finding it had not been made aware of the company’s responses. On appeal, the Louisiana Court of Appeal, First Circuit, reversed and reinstated the original judgment against the company, holding that the relevant statute did not permit reopening a judgment pro confesso under these circumstances.The Supreme Court of Louisiana reviewed the case to determine whether La.R.S. 13:3923, as amended, allows a trial court discretion to reopen and reconsider a judgment pro confesso against a garnishee. The court held that, although the statute is clear and unambiguous, its application in this case would lead to absurd results because the trial court’s original judgment was based on an omission of material information. The Supreme Court reversed the court of appeal and reinstated the city court’s judgment vacating the original garnishment judgment, allowing the company an opportunity to prove it was not the debtor’s employer. View "FIRST PAY, INC. VS. DUKES" on Justia Law

A company acquired a tax title to certain immovable property in St. Martin Parish, Louisiana, after the original owners failed to pay property taxes. Following the expiration of the redemptive period, the company mailed post-tax sale notice to the executrix of the former owner’s succession at the address listed in the succession proceedings. The company then filed a petition to quiet title, and the executrix was personally served. In response, she filed a reconventional demand seeking to annul the tax sale, alleging she had not received adequate pre-tax and post-tax sale notice. The City, which had previously held a small interest in the property, was also named as a third-party defendant.The 16th Judicial District Court sustained exceptions of prescription raised by the company and the City, dismissing the executrix’s claims as untimely. On appeal, the Louisiana Third Circuit Court of Appeal reversed, finding the reconventional demand was timely because it was filed within six months of service of the petition to quiet title, as required by La. R.S. 47:2266. The appellate court also held that the failure to provide pre-tax sale notice could render the tax sale absolutely null, and that the company and the City bore the burden of proving the reconventional demand was prescribed.The Supreme Court of Louisiana reviewed the case and held that, following the 2008 revision to Louisiana’s tax sale statutes, failure to provide pre-tax sale notice for tax sales occurring after January 1, 2009, no longer results in an absolute nullity. Instead, such defects are relative nullities, subject to specific prescriptive periods under La. R.S. 47:2287. The Court further held that a nullity action brought as a reconventional demand in a quiet title action must also comply with the six-month limitation in La. R.S. 47:2266. The Court affirmed the appellate ruling regarding prescription but reversed on the issue of absolute nullity, remanding for further proceedings. View "BELAIRE DEVELOPMENT & CONSTRUCTION, LLC VS. SUCCESSION OF SHELTON" on Justia Law

The plaintiff filed a civil action against two business entities, seeking relief in the Parish of Orleans. When initiating the lawsuit, the plaintiff requested service of citation on the defendants and paid all fees required by the clerk of court at the time of filing. Subsequently, the sheriff’s office sent an additional invoice for service fees, which the plaintiff paid after the ninety-day period prescribed by law for requesting service. The defendants argued that the plaintiff failed to properly request service within the statutory period because not all service-related fees were paid within ninety days.The Civil District Court for the Parish of Orleans denied the defendants’ exception of insufficiency of service of process and their motion for involuntary dismissal, finding that the plaintiff’s timely request for service, accompanied by payment of the initial fees, satisfied the statutory requirement. The defendants appealed, and the Louisiana Court of Appeal, Fourth Circuit, affirmed the district court’s decision, holding that Louisiana Code of Civil Procedure Article 1201(C) does not require payment of all service fees within the ninety-day period, only that service be requested.The Supreme Court of Louisiana granted certiorari to resolve conflicting appellate decisions on this issue. The court held that Article 1201(C) requires only that a plaintiff “request” service of citation within ninety days of filing the petition, and does not mandate that all service-related fees be paid within that period. The court reasoned that the statutory language is unambiguous and that payment requirements are addressed elsewhere in Louisiana law. Accordingly, the Supreme Court of Louisiana affirmed the judgment of the appellate court in favor of the plaintiff. View "DAROUSE VS. P.J.'S COFFEE OF NEW ORLEANS, LLC" on Justia Law

Plaintiffs, employees and independent contractors of White Oak Radiator Service, Inc., were injured while performing work at Enable Midstream Partners, LP's natural gas processing plant. The work involved removing and replacing amine and glycol coolers. During the work, a glycol surge tank ruptured, causing injuries. Plaintiffs filed a lawsuit seeking damages for their injuries.The trial court found that the claims of Joey Miller and Davy Dowdy against Enable sounded in tort rather than workers' compensation. The court awarded damages to Mr. Dowdy for injuries to his cervical spine and hearing loss, but found that White Oak bore a greater percentage of fault than assigned by the trial court. The trial court assigned 90 percent fault to Enable and 10 percent to White Oak. Enable appealed, arguing that the plaintiffs' exclusive remedy was under the Louisiana workers' compensation laws and challenging the allocation of fault and damages.The Supreme Court of Louisiana reviewed the case and held that the manual labor exception under La. R.S. 23:1021 (7) does not apply to the employees and independent contractors of an independent contractor. Therefore, plaintiffs' claims against Enable sound in tort. The court found no manifest error in the trial court's award of damages to Mr. Dowdy for his cervical spine injuries and hearing loss. However, the court found that the trial court erred in the apportionment of fault and amended the judgment to assign 70 percent fault to Enable and 30 percent fault to White Oak. The trial court's judgment was affirmed as amended. View "McBride v. Old Republic Insurance Co." on Justia Law

Kenneth and Doreen Miller entered into a contract with Foundation, Elevation & Repair, LLC (FER) in 2010 for home elevation and foundation work. They also hired Direct Source Home Renovation, LLC (DSHR), owned by the same individual as FER. The Millers' home was allegedly damaged before the renovation was completed, leading them to fire FER. In 2012, FER filed a petition against the Millers for specific performance and declaratory judgment. The Millers responded with exceptions, claiming they were denied a certificate of occupancy due to the damage.After a period of inactivity, the Millers reset their exceptions in 2015, leading to a consent judgment dismissing FER's actions. In 2016, the Millers filed exceptions, an answer, affirmative defenses, and a reconventional demand against FER, including third-party demands against DSHR. After another period of inactivity, the Millers obtained a default judgment against FER and DSHR in 2019. In 2022, the Millers filed a motion to confirm the default judgment, which was denied by the trial court. Subsequently, FER and DSHR filed a motion to dismiss the Millers' action on grounds of abandonment, which the trial court granted.The Court of Appeal affirmed the trial court's dismissal of the Millers' claims against FER but reversed the dismissal against DSHR, finding that DSHR's filing of an answer after the abandonment period constituted a waiver of abandonment. The Supreme Court of Louisiana reviewed the case and reversed the Court of Appeal's decision. The Supreme Court held that DSHR's general denial answer did not constitute a renunciation of abandonment, as it did not clearly demonstrate an intent to proceed with the litigation. The court reinstated the trial court's judgment in favor of DSHR, dismissing the Millers' claims as abandoned. View "FOUNDATION ELEVATION & REPAIR, LLC VS. MILLER" on Justia Law

This case involves a motor vehicle accident that occurred on March 31, 2017, in Calcasieu Parish. Elvis Dean Thompson, driving an 18-wheeler for Terry Graham Trucking, rear-ended Tracey Day's vehicle, which then struck another vehicle driven by Teresa Jeffries. Thompson's truck also collided with a vehicle driven by Daniel Guidry. Tracey Day and her husband, Bradley Day, sued Thompson, Terry Graham Trucking, and their insurer, Prime Insurance Company, for damages. Bradley Day also claimed loss of consortium. The Days' case was consolidated with Jeffries' case but was later severed.The district court set the trial for September 20, 2021, but it was postponed to January 3, 2022, due to Hurricane Ida. The court ruled that no further discovery would be allowed. On the first day of the trial, the Days requested that Tracey Day be excused from attending the trial except for her testimony, citing her inability to sit for long periods. The defense objected but the court granted the request. During the trial, the defense obtained surveillance video of Tracey Day, which they argued was necessary to impeach her testimony. The district court excluded the video and the testimony of the private investigator who recorded it, citing the late production and the closed discovery period. The jury awarded the Days $3,926,849.17, and the defendants appealed.The Louisiana Supreme Court reviewed whether the district court erred in excluding the surveillance evidence. The court found that the district court abused its discretion by not conducting an in camera review of the evidence. However, after conducting its own review, the Supreme Court determined that the surveillance did not contradict Tracey Day's testimony and was not impeachment material. Therefore, the exclusion of the evidence was proper, and the judgment was affirmed. View "DAY VS. THOMPSON" on Justia Law

A subcontractor filed a lawsuit in 2013 against a contractor, the contractor's insurer, and a developer, claiming non-payment for work performed on a subdivision project. The contractor and insurer responded with a reconventional demand and a cross-claim. The subcontractor obtained a default judgment against the developer, which the developer later sought to annul, arguing that a bond it posted extinguished its obligation. Various motions and hearings were scheduled and rescheduled over the years, with significant delays and inactivity.The trial court granted an ex parte motion to dismiss the case for abandonment, as no steps had been taken in the prosecution or defense for over three years. The subcontractor's motion to set aside the dismissal was denied, and the court of appeals affirmed the trial court's decision, finding that the defendants' actions did not constitute steps in the defense of the case.The Supreme Court of Louisiana reviewed the case to determine if the lower courts erred in granting the motion to dismiss for abandonment. The court held that the defendants' motion to continue a hearing due to an emergency surgery, which included a request to reset the hearing date, constituted a step in the defense of the case. This action was inconsistent with an intent to treat the case as abandoned and thus waived the right to assert abandonment. The court reversed the lower courts' rulings and remanded the case for further proceedings. View "PINNACLE CONSTRUCTION GROUP, L.L.C. VS. DEVERE SWEPCO JV, L.L.C." on Justia Law

Frank Cushenberry and his family sought damages from Barber Brothers Contracting Company, LLC, for injuries sustained in a vehicular accident on Interstate 10 in LaPlace, Louisiana. The trial court did not instruct the jury on certain duties and obligations, but this was not considered reversible error. The jury found Barber Brothers solely at fault and awarded significant general and loss of consortium damages to the Cushenberry family.The Court of Appeal, First Circuit, reviewed the case and the Louisiana Supreme Court initially reduced the general damages awarded to Mr. Cushenberry from $10,750,000 to $5,000,000, and the loss of consortium awards to his wife and children from $2,500,000 and $1,500,000 each to $400,000 and $100,000 each, respectively. The court also adjusted the fault allocation, assigning 20% fault to Mr. Cushenberry and 80% to Barber Brothers.Upon rehearing, the Louisiana Supreme Court re-examined the general damage and loss of consortium awards, considering the particular facts and circumstances of the case and prior awards in similar cases. The court found that the jury did not abuse its discretion in awarding $10,750,000 in general damages to Mr. Cushenberry, given the extensive physical and psychological injuries he sustained and their impact on his life and family. The court also amended the loss of consortium awards, increasing them to $1,000,000 for Mrs. Cushenberry and $500,000 each for the children, Noah and Khloe.The Louisiana Supreme Court affirmed the trial court judgment as amended, maintaining the 20% fault allocation to Mr. Cushenberry and 80% to Barber Brothers. The court emphasized the importance of considering the particular injury to the particular plaintiff under the particular circumstances, alongside prior awards, in determining whether a general damage award is an abuse of discretion. View "BARBER BROTHERS CONTRACTING COMPANY, LLC VS. CAPITOL CITY PRODUCE COMPANY, LLC" 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

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