Justia Louisiana Supreme Court Opinion Summaries

This case came before the Supreme Court on recommendation of the Judiciary Commission of Louisiana, which recommended Justice of the Peace Herbert Williams (Parish of Plaquemines) be publicly censured and ordered to reimburse costs incurred in the Commission's investigation and prosecution of this case for violations of the Code of Judicial Conduct. In his capacity as an ex officio notary public, JP Williams notarized a document "purporting to transfer" ownership of a parcel of land to his son and daughter-in-law. The donation was not recorded right away. Upon discovering the "purported donation" in 2009, the purported Donor filed a complaint in Louisiana federal district court to clear title to the property at issue. In light of an article that appeared in the local newspaper concerning the complaint, the Commission opened an investigation, and alleged JP Williams engaged in judicial misconduct by notarizing the donation of land to his relatives, which was beyond his limited ex officio notarial powers, and without witnessing the Donor's signature. After a thorough review of the facts and law in this matter, the Supreme Court agreed with the Commission's disciplinary recommendation. View "In re JP Williams, Jr." on Justia Law

Plaintiffs Dr. Kaleem and Nadeem Arshad initially requested a jury trial in their petition for damages. Shortly before trial, they filed a motion to strike the jury. In response, Defendant City of Kenner enacted a resolution waiving the prohibition against jury trials in this specific case and filed a request for a jury trial. The District Court granted the City's request, finding La. Rev. Stat. 13:5105(D) permitted a political subdivision to waive the prohibition against jury trials on a case-by-case basis. The Court of Appeal reversed, holding the City's resolution was a prohibited special law because it waived the prohibition against jury trials only in this single case. The Supreme Court granted writs to address the correctness vel non of the appellate court's decision. The Court concluded that the plain language of La. Rev. Stat. 13:5105(D) did not permit a political subdivision to waive the prohibition against jury trials in a single case. The Court affirmed the appellate court's judgment. View "Arshad v. City of Kenner" on Justia Law

McLane Southern, Inc. is a Mississippi wholesaler of tobacco products that sells smokeless tobacco to retail establishments in Louisiana. The issue on appeal before the Supreme Court was whether the company was liable for excise taxes pursuant to the state Tobacco Tax Law. Finding that the law imposes an excise tax on smokeless tobacco products be paid by the dealer who first sells, uses, consumes, handles or distributes the product in Louisiana, the Supreme Court reversed the court of appeal's judgment and remanded the case for further proceedings. View "McLane Southern, Inc. v. Bridges" on Justia Law

The issue before the Supreme Court was whether the Village of Moreauville breached its duty to keep its sidewalk in reasonably safe condition. Specifically, the issue was reduced to whether a one-and-one-quarter to one-and-one-half inch deviation created an unreasonable risk of harm. Plaintiff Arlene Chambers tripped on the ledge created by that deviation and fell, fracturing her arm. The trial court ruled in Plaintiff's favor, finding the Village one hundred percent at fault. After a review of the record and the applicable law, the Supreme Court found the Village's failure to repair the deviation did not amount to a breach of its duty to keep its sidewalk in a reasonably safe condition. The Court reversed the judgments of the lower courts and rendered judgment in favor of Defendant. View "Chambers v. Village of Moreauville" on Justia Law

Claimant Jerry Benoit worked for Turner Industries for twenty-seven years. For ten of those years he worked as a general laborer for a Lake Charles Citgo refinery, where Turner was contracted to perform general maintenance. Claimant's duties included cleaning chemical discharges and oily waste which collected in the drainage ditches, sewers, and processing units at the refinery. In the course of this work, he was exposed to any number of potentially dangerous or carcinogenic chemicals, including high levels of benzene. In July 2006, Claimant fell ill. He was diagnosed with acute myeloid leukemia (AML), known to be linked to high levels of benzene exposure. Despite the medical evidence linking Claimant's cancer to the chemicals he was exposed to at work, his claim for medical benefits was denied. The eventual medical bills totaled over $625,000. Medicaid paid for $203,124.68. The remaining $422,043.59 was "written off" by the medical care providers. Turner paid nothing. Claimant's family filed suit in 2007. The Office of Workers' Compensation (OWC) awarded Claimant total medical expenses and attorney fees. Turner appealed, and the court of appeals affirmed the OWC judgment in its entirety. Upon review of the correctness of the OWC award of medical expenses, the Supreme Court concluded the OWC erred in awarding the "written off" medical expenses: "Claimant would receive an improper windfall if he was allowed to recover for medical expenses which have been reduced by health care providers as a result of their contractual arrangements with Medicaid." The Court reversed the appellate court's decision and remanded the case for further proceedings. View "Benoit v. Turner Industries Group, LLC" on Justia Law

The Supreme Court granted a writ application to determine whether a school board had tort liability for expelling a high school student after a fifth-sized bottle of whiskey fell from the student's backpack and broke on the classroom floor. The student claimed he was denied due process in the disciplinary proceedings that resulted in his expulsion. The district court agreed and awarded the student $50,000. Upon review of the trial court record, the Supreme Court found that the student presented no evidence whatsoever of being denied due process at the school board hearing. Finding the student failed to carry his burden of proof to show a denial of due process by the school board, the Court reversed the judgment of the district court. View "Christy v. McCalla" on Justia Law

The issue before the Supreme Court was whether scheduling a discovery conference pursuant to Rule 10.1 of the Rules for Louisiana District Courts constitutes a "step" in the prosecution or defense of an action sufficient to prevent abandonment of the action under La. Code Civ. Proc. art. 561. After Plaintiff Louisiana Department of Transportation and Development (DOTD) failed to timely respond to discovery requests, Defendant Oilfield Heavy Haulers, L.L.C. (OHH) sent a letter to DOTD requesting a Rule 10.1 discovery conference. Subsequently, DOTD served its discovery responses on OHH, but neglected to serve the other defendants. No formal action occurred in the case until April 22, 2010, when the District Court granted defendants’ ex parte motion for an order of dismissal on the basis of abandonment. The Court of Appeal affirmed, finding DOTD's discovery responses and OHH's letter did not constitute "steps" in the prosecution or defense of the action. The Supreme Court granted certiorari to address the correctness vel non of the appellate court's decision. The Court found that scheduling a Rule 10.1 conference constitutes a "step" in the prosecution or defense of an action sufficient to interrupt abandonment. Therefore, the Court reversed the judgment of the Court of Appeal and remand to the District Court for further proceedings. View "Louisiana Dept. of Transport. & Dev. v. Oilfield Heavy Haulers, LLC" on Justia Law

The State Department of Social Services (DSS) conducted an investigation of Petitioner Kirk Richard in response to reports of child abuse. The first investigation concluded in 2006; the second concluded in 2008. DSS reported its findings to the district attorney and closed its file. Later in 2008, the Iberia Parish Sheriff's Department arrested Petitioner for the aggravated rape of his minor children. In 2009, Petitioner filed suit against several defendants including DSS and three Iberia Parish employees. In his petition, Petitioner alleged his former wife and others "began a campaign of false accusations and manufactured false evidence in order to deprive him of access to his children." Furthermore, Petitioner asserted that as a result of the DSS' actions, he was subsequently arrested and falsely imprisoned. According to Petitioner's petition, the DSS defendants got "caught up in his former wife's campaign to falsely discredit him, and in so doing negligently and/or intentionally breached duties owed to him as part of their investigative obligations." In finding Petitioner's false arrest claim as viable, the appellate court reasoned that although the DSS defendants did not take any action in the case after May 2008, Petitioner did not suffer any harm from their actions until June 2008, thereby making his June 2009 suit timely. The Supreme Court saw "no support for such a conclusion." The Court found Petitioner's claims against the DSS defendants 'prescribed' or beyond the statute of limitations for this type of action. Accordingly, the Court reversed the appellate court and reinstated the district court's dismissal of Petitioner's suit against the DSS defendants. View "Richard v. Richard" on Justia Law

Plaintiff Silver Dollar Liquor, L.L.C. ("Silver Dollar") owns the Silver Dollar Liquor Store located within District 6 of Red River Parish. Silver Dollar filed a declaratory judgment action against Defendant Red River Parish Police Jury ("Police Jury"), seeking to have Section 3-18 declared invalid because there has never been a local option election in District 6 pursuant to La. R.S. 51:191. The Police Jury answered that it had authority under La. R.S. 26:493 to regulate the sale of alcoholic beverages. Relying on La. R.S. 26:493, the appellate court found in favor of the Police Jury, holding Section 3-18 to be valid. Finding the appellate court's decision created a split in the circuits, the Supreme Court granted Silver Dollar's certiorari application to resolve the split. Upon review, the Court surmised the heart of this case involved the interpretation and applicability of La. R.S. 51:191, which requires a local-option election in order to authorize a Sunday-closing law; and La. R.S. 26:493, which delegates to political subdivisions the power to regulate the sale of alcoholic beverages. After review, the Court affirmed the appellate court's decision. View "Silver Dollar Liquor, LLC. v. Red River Parish Police Jury" on Justia Law

In 2005, Jesse Brooks, Jr. an operating engineer for the Department of Transportation and Development's (DOTD) Industrial Plant and Maintenance was driving a backhoe along the shoulder of a highway to deliver the backhoe to another company. He made a sharp turn into a driveway and the backhoe tipped over, falling on top and killing him. His family filed a wrongful death suit against DOTD, alleging that a depression in the asphalt on the shoulder where the highway met the driveway caused the backhoe to flip over. After trial, a jury returned a verdict in favor of Mr. Brooks' family and awarded them damages. On appeal, the judgment was affirmed. The specific issue on appeal to the Supreme Court was whether DOTD's duty to maintain the shoulder encompassed the risk that a driver of a backhoe would make a sharp turn, hit the depression in the road, tip over and be crushed by the backhoe. After a review of the record and applicable law, the Supreme Court found that DOTD's duty did not encompass that risk. Therefore, the Court reversed the judgments of the lower courts and rendered judgment in favor of DOTD. View "Brooks v. Louisiana " on Justia Law