Justia Louisiana Supreme Court Opinion Summaries

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 tire laws. Finding there were no provisions prohibiting such a transportation fee, the Court concluded that Defendants, waste tire processors, were not prohibited from charging Plaintiffs, waste tire generators, a fee for the transportation of waste tires from the waste tire generators’ location to the processing facilities. Therefore, the lower courts’ judgments were reversed. View "Winmill Tire, LLC et al. v. Colt, Inc., et al." on Justia Law

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 vaccinated against COVID-19 by October 29, 2021. Employees not vaccinated within the specified time were subject to disciplinary action, including mandatory use of leave time and, ultimately, termination. Employer’s policy permitted exemptions to the vaccine requirement for valid religious and medical reasons. Thereafter, 39 plaintiffs (Employees) filed suit against Employer, challenging the employee vaccine mandate and requesting injunctive and declaratory relief, including a temporary restraining order (TRO). The Louisiana Supreme Court found the issue of a vaccine mandate implemented by a healthcare-employer was resolved by the application of Louisiana Civil Code article 2747, the employment-at-will doctrine. "an employer is at liberty to dismiss an at-will employee and, reciprocally, the employee is at liberty to leave the employment to seek other opportunities. However, these rights are tempered by federal and state provisions, both statutory and constitutional, but no such exceptions apply here. Employees have no statutory claim under La. R.S. 40:1159.7 because there is no healthcare provider-patient relationship alleged here. Employees likewise have no constitutional claim under La. Const. art. I, sec. 5 because the employer is a private actor, and this constitutional provision only limits governmental actors. Accordingly, the decision of the court of appeal is reversed, and the judgment of the trial court is reinstated." View "Hayes, et al. v. Univ. Health Shreveport, LLC" on Justia Law

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 fell, sustaining an injury. After discovery, defendant moved for summary judgment, relying on a surveillance video of the accident. The video showed a hotel employee dry mopping the lobby area at 8:36 p.m., approximately three minutes before plaintiff’s accident. Two “wet floor” signs are in place in the area. At 8:37 p.m., approximately one minute before plaintiff’s fall, two more “wet floor” signs were added to the area, and an employee continued to dry mop the area. Plaintiff was then seen to fall at 8:38 p.m. Defendant also submitted plaintiff’s deposition testimony. In her deposition, plaintiff acknowledged seeing the signs. Plaintiff also testified she “had to walk around” the signs because there “was no other path to the front door.” As a result, plaintiff stated she “walked to the side of the signs to get to the front door.” Plaintiff opposed defendant’s motion for summary judgment. Relying on her deposition testimony, plaintiff did not dispute that she saw the signs, but asserted that she thought they were “chalkboard” and did not read them. Plaintiff introduced pictures of the signs showing they did not have the traditional bright orange or yellow appearance, but were made of wood and brass. The district court denied the hotel's motion, concluding there were questions of fact concerning the “reasonableness on the part of the defendant” based on the visibility of the signs. The Louisiana Supreme Court reversed, finding that the undisputed evidence established plaintiff saw the warning signs in the area prior to her fall. "Any failure of plaintiff to read these signs was a product of her own inattentiveness and not a result of the defendant’s failure to take reasonable precautions." View "Blanchard v. New Hotel Monteleone, LLC." on Justia Law

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. While Mrs. Mitchell was in the recovery room, Dr. Easton observed that she had "foot drop;" Dr. Easton performed a second surgery that same day. During the surgery, he discovered that Mrs. Mitchell’s sciatic nerve had been lacerated. Dr. Easton advised Mrs. Mitchell’s family of the situation and consulted with Dr. Rasheed Ahmad, a hand surgeon who handled nerve repairs for Dr. Easton’s medical group. Dr. Easton further advised Mrs. Mitchell that “time would tell how much, if any, function and sensory perception she would get back.” Unfortunately, Mrs. Mitchell’s foot drop never improved and she was left with sciatic nerve palsy. In 2017, Mrs. Mitchell and her husband Michael, filed a medical malpractice lawsuit against Dr. Easton, his employer, the Baton Rouge Orthopaedic Clinic, L.L.C., and their insurers, Physician Assurance SPC. Defendants filed a peremptory exception of prescription, which the trial court granted, dismissing the action. The court of appeal affirmed, reasoning that, although Mrs. Mitchell continued to treat with Dr. Easton for more than a year after the alleged act of malpractice, that treatment was unrelated to the alleged act of malpractice. The Louisiana Supreme Court found no question the Mitchells, knew of the alleged act of malpractice within a day of its occurrence. "It is equally certain that suit was not filed against the treating physician, Dr. Robert Easton, within a year of the alleged malpractice. ... The sole issue, therefore, is whether prescription was suspended during this time period pursuant to the continuing treatment rule." The Court determined the record supported the lower courts' determinations that Mrs. Mitchell did not receive any specific care from Dr. Easton designed to correct or otherwise treat the injury related to the alleged act of malpractice. Even had Mrs. Mitchell received continuing treatment of her injury, the Court did not find Dr. Easton’s statements regarding her questionable prognosis to fall within the scope of the continuing treatment rule. Accordingly, under the specific circumstances of this case, the Supreme Court found the continuing treatment exception of contra non valentem did not apply to suspend prescription in this case, and affirmed the judgments below. View "Mitchell v. Baton Rouge Orthopedic Clinic, LLC et al." on Justia Law

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 birth. The Louisiana Supreme Court found the avowal action untimely and perempted under Louisiana Civil Code article 198 . The case was remanded for the court of appeal to address Andrews’ remaining constitutional challenge. View "Kinnett v. Kinnett" on Justia Law

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 was whether a trial court, having granted defendants’ motion for partial summary judgment based on plaintiffs’ failure to timely file an opposition, could later vacate that judgment when the plaintiffs produce an expert affidavit based on evidence that was previously available in advance of the original hearing. The underlying action arose out of a motor vehicle accident in which J. Benjamin Zapata was struck from behind by a vehicle operated by Stephen Seal and owned by Diversified Well Logging, Inc. (collectively “DWL”). Mr. Zapata and his wife filed suit against DWL and its insurer alleging both new injuries and aggravation of preexisting lower back injuries sustained in a prior motor vehicle accident. Dr. Olawale Sulaiman, who performed lower back surgery on Mr. Zapata after the accident, opined in his deposition that he did not causally relate that surgery to the subject accident. DWL moved for partial summary judgment seeking to dismiss the Zapatas’ claim that the lower back surgery was necessitated by the accident. Twelve days before the hearing, the Zapatas filed an opposition, attaching a July 2018 report by Dr. Mohammad Almubaslat to support the assertion that the accident aggravated Mr. Zapata’s preexisting lower back injuries and necessitated the surgery. DWL replied, arguing that because the opposition was untimely, the attachments should be stricken and the Zapatas’ counsel precluded from presenting oral argument. At the hearing the trial court agreed with DWL and granted partial summary judgment in its favor. The Zapatas moved to vacate the partial summary judgment, attaching the affidavit by Dr. Almubaslat, but executed on May 8, 2019. DWL opposed on the grounds that it would be improper for the trial court to disregard the time limitations set forth in La. C.C.P. art. 966(B) and consider evidence that was previously available to the Zapatas in July 2018, prior to the original hearing on the motion for partial summary judgment. The trial court vacated its prior ruling, concluding the Zapatas’ motion to vacate was authorized by La. C.C.P. art. 1915(B) and found a genuine issue of material fact existed with respect to the issue of medical causation based on the “newly submitted affidavit of Dr. Mohammad Almubaslat.” The Supreme Court found the trial court was within its discretion in vacating its prior ruling. View "Zapata v. Seal" on Justia Law

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 when he was struck by a vehicle driven by Michael McIntosh. The vehicle Baack was driving belonged to PPC Transportation Company. Both Pilgrim’s Pride and PPC Transportation were subsidiaries of JBS USA Holdings, Inc. (“JBS”). McIntosh was determined to be solely at fault for the accident and pled guilty to improper lane usage. Baack and his wife filed suit individually and on behalf of their minor daughter naming as defendants McIntosh, his insurer, and Zurich American Insurance Company (“Zurich”) in its capacity as the UM provider for PPC Transportation’s vehicle. In JBS’s policy with Zurich, PPC Transportation was listed as a Broad Named Insured. The Baacks sought damages under Zurich’s UM coverage as well as penalties and attorney fees based on Zurich’s failure to timely settle the claim. The Louisiana Supreme Court granted consolidated writs to determine whether an insured’s initial UM coverage waiver remains valid where, upon consecutive renewals, the insured submitted new signed and dated UM forms without initialing the blanks provided to reject UM coverage. Based on the Court's interpretation of the UM statute, it found such a subsequently submitted form changes the prior rejection and operated to provide UM coverage. Additionally, finding no error in the quantum of damages and denial of penalties and attorney fees by the court of appeal, the Court affirmed. View "Baack v. McIntosh et al." on Justia Law

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 testators who were able to read and sign their name, divided Mr. Liner’s property equally amongst his three children: James Conway Liner, IV (“Conway”), Jeffrey Liner (“Jeff”), and Laura Liner Centola (“Laura”). The 2015 testament excluded Conway from any inheritance and was executed pursuant to La. C.C. art. 1579 for a testator who was unable to read regardless of whether they can sign their own name. Mr. Liner died in 2018. Jeff and Laura filed a petition to probate the 2015 testament. Conway intervened and sought to have the 2015 testament declared null under various theories including an allegedly defective attestation clause. As it was at the original hearing, the primary issue presented was whether the attestation clause verifying that Mr. Liner declared he “signed” the testament was substantially similar to the La. C.C. art. 1579 requirement that the attestation clause verify a testator declared he signed his name “at the end” and “on each other separate page” of the testament. The Louisiana Supreme Court also addressed Conway’s additional arguments as to whether the attestation clause reflected an inconsistency in the notary both following and reading the testament and whether the attestation clause failed to establish that Mr. Liner declared he heard the reading of the will in the presence of the notary and the witnesses. Following a careful review of the law, the Supreme Court vacated its original decree in this case, affirmed the decision of the court of appeal (reversed the trial court's nullification of the 2015 testament), and clarified the analytical framework for determining whether a notarial will is in substantial compliance with the provisions of the Civil Code. View "Succession of James Conway Liner, III" on Justia Law

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 petitioner, and Union Oil Company of California, Union Exploration Partners (collectively, “UNOCAL”), Chevron U.S.A., Inc., Chevron Midcontinent LP, and Carrollton Resources, LLC as defendants. Although the exact date of VPSB’s knowledge of contamination to the land was disputed, it was clear that VPSB became aware of such sometime in 2003 or 2004. In September 2004, VPSB filed a petition, urging causes of action for negligence, strict liability, unjust enrichment, trespass, breach of contract, and violations of Louisiana environmental laws. VPSB sought damages to cover the cost of evaluating and remediating the alleged damage and contamination to the property. It also sought damages for diminution of the property value, mental anguish, inconvenience, punitive damages, and stigma damages. UNOCAL sought reversal of the lower courts’ finding that VPSB’s strict liability claim was not prescribed. UNOCAL also contested the court of appeal’s ruling that the jury verdict was inconsistent and its remand for a new trial. Finding UNOCAL failed to prove that VPSB’s strict liability cause of action was factually prescribed, the Louisiana Supreme Court affirmed the court of appeal’s ruling on prescription, but on alternative grounds. Finding the jury was improperly allowed to decide issues reserved solely for the trial court, and cognizant the extraneous instructions and verdict interrogatories permeated the jury’s consideration of the verdict as a whole, the Supreme Court vacated the trial court’s judgment and affirmed the court of appeal’s remand for new trial. View "Louisiana v. Louisiana Land & Exploration Co. et al." on Justia Law

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 found Defendants breached the standard of care. Two of the three panel members found Defendants caused Mr. Bergeron’s pain, illness, and death. Plaintiff then filed wrongful death and survival actions against Defendants. Nearly six years later, Defendants filed a motion for bond for cost pursuant to Louisiana Revised Statutes 13:4522. Plaintiff opposed the motion on several grounds, namely : (1) the motion was untimely under the plain language of the statute; (2) the costs claimed by Defendants were expenses, not actual taxable costs; and (3) she challenged the constitutionality of the statute. After a hearing, the trial court denied the motion for bond for cost, finding it untimely. The trial court concluded Louisiana Revised Statutes 13:4522 precluded a motion for a cost bond after the defendant’s answer is filed. Because the motion was denied, the trial court found the constitutional claim moot. The Court of Appeal reversed, but the Louisiana Supreme Court reversed the appellate court, concurring with the trial court that defendants' motion for bond for costs was untimely. View "Bergeron v. Richardson et al." on Justia Law