Articles Posted in Civil Procedure

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During his second term as mayor of Jonesboro, the state filed a bill of information charging defendant Leslie Thompson with three counts of malfeasance in office by failing and/or refusing to maintain proper records and to supply them to the Louisiana Legislative Auditor; by taking public funds of the town to pay for retirement benefits for employees who were not eligible to participate in the Municipal Employee’s Retirement System; and by using public funds to pay for health insurance premiums for former employees. After reviewing the evidence, the Louisiana Supreme Court concluded the evidence was sufficient to find defendant guilty beyond a reasonable doubt as to Count I of the malfeasance in office charge; however, as to Counts II and III, the Court found no rational trier of fact could have found defendant guilty beyond a reasonable doubt. Pretermitting all other assignments of error, the Court additionally found the district court erred in denying defendant’s motion for a mandatory mistrial after the prosecutor directly referenced race in a comment before the jury that was neither material nor relevant and that could create prejudice against defendant in the minds of the jury members. Accordingly, the Court vacated defendant’s convictions and sentences, and remanded this case to the district court for further proceedings. View "Louisiana v. Thompson" on Justia Law

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In a suit for alleged age discrimination brought by plaintiff, James Robinson against his employer, the Board of Supervisors for the University of Louisiana System (ULL), the Louisiana Supreme Court granted review of the district court’s judgment on a jury verdict finding that ULL discriminated against Robinson based on his age and awarded him damages. After reviewing the record of these proceedings, as to liability, the Supreme Court found no legal or manifest error in the jury’s verdict in favor of plaintiff; thus, the Court affirmed the jury’s finding of age discrimination in favor of Robinson. However, as to damages, the Court found that the amount of the jury’s damage award of $367,918.00 was not supported by the record. Therefore, the Court amended the judgment in part and affirmed the jury’s damage award as amended herein. View "Robinson v. Bd. of Supervisors University of Louisiana System" on Justia Law

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Tax sale purchasers of three condominium units brought actions to quiet title following the tax debtor’s failure to pay ad valorem taxes on the units. The district court found the tax sale purchasers had provided insufficient notice of the right to redeem to the mortgagee for the units, denied the petitions to quiet title, and afforded the defendant mortgagee thirty days to redeem the properties. The issue presented through this appeal was whether the post-sale notice required by La. Rev. Stat. 47:2122(4) could be effectuated either by the tax collector under La. Rev. Stat. 47:2156(B) or by the tax sale purchaser under La. Rev. Stat. 47:2156(A). After review of the applicable statutes, the Louisiana Supreme Court found the court of appeal erred in finding the failure of the tax collector, though mandated to do so by La. Rev. Stat. 47:2156(B), to mail or attempt to mail post-sale written notice of the tax sales to the mortgagee required the tax sales to be set aside. Instead, the Court found the plain language of the governing statutes allowed post-sale notice to the interested tax party to be provided by a tax sale purchaser in accordance with La. Rev. Stat. 47:2156(A), and thus the requirement that the interested party must be duly notified of the tax sale under La. Rev. Stat. 47:2122(4) could be satisfied by the tax sale purchaser. Accordingly, the Court reversed the court of appeal, and remanded the case to that court for consideration of the issues pretermitted by the court of appeal’s reasoning. View "Central Properties v. Fairway Gardenhomes, LLC" on Justia Law

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The Louisiana Supreme Court granted review in this case to resolve a split among the appellate courts regarding the proper interpretation of La. Civ. Code art. 2331. Specifically, the question to resolve involved determining whether parties must duly acknowledge their signatures prior to the marriage in order for the matrimonial agreement to have legal effect. The Supreme Court found the acknowledgment of the signatures to be a form requirement, and the failure to meet all form requirements prior to the marriage rendered the matrimonial agreement invalid. Accordingly, the Court reversed the judgment of the court of appeal and reinstated the district court judgment. View "Acurio v. Acurio" on Justia Law

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The Louisiana Supreme Court granted review to determine the applicability of La. R.S. 9:2795.3, the Equine Immunity Statute. The trial court granted a motion for summary judgment filed by Equest Farm, LLC, finding that the immunity statute applied because plaintiff Danielle Larson was a participant engaged in equine activity at the time an Equest Farm pony bit her. The court of appeal reversed, holding that Larson was not a “participant” under the immunity statute, and that summary judgment was inappropriate because there were genuine issues of material fact as to whether another provision in the immunity statute might apply. The Supreme Court held that there were indeed genuine issues of material fact on the issue of whether the immunity statute applied. Accordingly, the Court affirmed the court of appeal and remanded to the trial court. View "Larson v. XYZ Ins. Co." on Justia Law

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Plaintiffs Todd Huval and Chad Boyer were former Louisiana State Troopers employed by the State of Louisiana, Department of Public Safety and Corrections, Office of State Police. In 2007, they were terminated based on an investigation which exposed alleged violations of employment policy and state law. Both were accused of providing confidential information to a third party. The Louisiana Supreme Court granted certiorari in this case to determine whether the district court had subject matter jurisdiction over tort claims stemming from the disciplinary action over which the State Police Commission presided. The lower courts concluded that subject matter jurisdiction was proper in district court. The Supreme Court agreed. View "Huval v. Louisiana" on Justia Law

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Plaintiffs alleged that an infection developed after negligent medical treatment was provided by the defendants. Accordingly, they filed a Request for Medical Review Panel and, subsequently, a lawsuit. The Supreme Court granted the plaintiffs’ writ application to determine whether the medical review panel complaint was sufficient to survive an exception of prematurity. After review, the Court found the brief descriptions of malpractice contained in the complaint were broad enough to encompass the specific allegations contained in the petition for damages. Thus, the Court reversed the lower courts’ grant of the exception of prematurity and remanded the case for further proceedings. View "Coulon v. Endurance Risk Partners, Inc." on Justia Law

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This medical malpractice case arose from the death of Lyric Pitts, seven month old daughter of plaintiffs David Pitts, Jr. and Kenyetta Gurley. A jury found in favor of defendant Dr. Rhoda Jones. Plaintiffs moved for a Judgment Notwithstanding the Verdict (JNOV), or alternatively for a new trial. The district court granted the JNOV and conditionally granted the new trial. The court of appeal reversed and reinstated the jury's verdict. The Supreme Court granted plaintiffs' writ application to review the correctness of the lower courts' rulings on the JNOV and new trial. After its review, the Supreme Court affirmed the court of appeal's ruling reversing the district court's grant of the JNOV. However, the Court reversed the ruling of the court of appeal relative to the new trial, finding no abuse of discretion in the district court's grant of a new trial. View "Pitts v. Louisiana Medical Mutual Ins. Co." on Justia Law

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The Louisiana Supreme Court granted certiorari in this case to determine whether the Alexandria Municipal Fire and Police Civil Service Board properly excluded a firefighter’s alleged failed breath alcohol test results, resulting in the firefighter’s reinstatement to employment after the City of Alexandria had terminated him. The trial court reversed the Board’s decision, finding the Board should have considered the breath alcohol test results. The court of appeal overturned the trial court, reinstating the firefighter’s employment. After its review, the Supreme Court found the Board’s exclusion of the breath test results was incorrect and further, the court of appeal was in error in reversing the trial court’s ruling that the breath alcohol test results were admissible. Therefore, the trial court’s judgment reversing the Board’s decision was reinstated, and the case was remanded back to the Board for proper consideration of the breath alcohol test results. View "City of Alexandria v. Dixon" on Justia Law

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David Caballero filed a Petition for Partition of Property against his former wife, Teresa Caballero seeking to partition the community property acquired during the marriage. The Family Court amended its judgment to award Teresa over $1.5 million, which included her claim to have of David's alleged underpaid income from Home Servicing, LLC (Home). David filed a devolutive appeal from the amended judgment which pending. Because David did not file a suspensive appeal, Teresa sought to enforce the judgment against him. Teresa requested issuance of a writ of fieri fascias seizing David’s alleged membership interest in Home. Teresa asserted that 56.8% of Home’s membership interests were owned by Prime Acquisitions, L.L.C. (“Prime”), which was wholly owned by David. Teresa further asserted that prior to the court’s amended judgment, David caused Prime to donate its interest in Home to himself via an Act of Distribution and then formally dissolved Prime. Thus, according to Teresa, all of Prime’s remaining assets and liabilities devolved to David pursuant to the laws governing dissolution of limited liability companies. Teresa filed a notice of a corporate and records deposition, and issued a subpoena duces tecum seeking certain business records from Home. Following limited, unsuccessful settlement discussions regarding the scope of documents to be produced pursuant to the subpoena, Home filed an exception of lack of subject matter jurisdiction and a motion to quash the subpoena duces tecum, arguing the Family Court did not have subject matter jurisdiction over a third party in a garnishment proceeding. After a hearing, the Family Court overruled the exception of lack of subject matter jurisdiction and deferred ruling on the motion to quash. The court of appeal reversed the Family Court’s ruling and sustained Home’s exception of lack of subject matter jurisdiction. Teresa then sought certiorari review from the Supreme Court. Finding that the Family Court had jurisdiction, the Supreme Court reversed the court of appeals and remanded the case for further proceedings. View "Caballero v. Caballero" on Justia Law