Justia Louisiana Supreme Court Opinion Summaries

Defendant David Brown was indicted by grand jury for the first degree murder of Captain David Knapps, a correctional officer at the Louisiana State Penitentiary at Angola. Defendant was tried by jury which found defendant guilty as charged and, at the conclusion of the penalty phase of the trial, recommended a sentence of death. Defendant was sentenced accordingly. Defendant raises 23 assignments of error on automatic appeal to the Louisiana Supreme Court, contending his conviction and sentence should have been reversed. After a thorough review of the law and the evidence, the Supreme Court found no merit in any of the contentions defendant raised in his appeal. Therefore, defendant’s conviction and sentence were affirmed. View "Lousiana v. Brown" 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

In 2015, applicant Elizabeth Trahan was involved in a tragic automobile accident, which resulted in a fatality. Applicant and her boyfriend were in a Dodge Charger, which was traveling north at 72 mph in the left lane on Highway 167 between Maurice and Abbeville, Lousiana. Motorcyclist Carl Johnson passed them on the right, switched into the left lane in front of them, and then braked, apparently intending to turn left across the highway median. Skid marks showed that the driver of the Charger attempted to stop. The Charger collided with the motorcycle and Johnson was killed. A jury found applicant guilty of vehicular homicide, for which the trial court sentenced her to 15 years imprisonment at hard labor, with all but six years of the sentence suspended, and with three years of active supervised probation. Regarding whether the State proved that applicant’s impairment was a contributing factor, the court of appeal acknowledged that metabolites detected in applicant’s blood and urine, standing alone, did “not allow the jury to assume the defendant was impaired or that the presence of those substances was a contributing factor in the accident.” However, the court of appeal found that the jury could consider additional circumstances, such as the fact that applicant exceeded the speed limit and was unable to stop in time to avoid the accident, to conclude that drugs impaired her driving and thus contributed to the accident. The dissent observed that expert testimony in conjunction with evidence of behavioral manifestations of intoxication was ordinarily used to establish that a driver was impaired, and no such evidence was offered by the State in this case. The Louisiana Supreme Court agreed with the court of appeals' dissent that a jury could not reasonably conclude from the evidence presented at trial that applicant was impaired or that her impairment was a contributing factor to the fatal accident, and therefore the conviction could not survive appellate review under the due process standard of Jackson v. Virginia. Because a rational trier of fact could not reasonably conclude, without speculating, that applicant’s ingestion of controlled dangerous substances was a contributing factor to the fatal accident, the Supreme Court concluded applicant was entitled to an acquittal under Hudson v. Louisiana, 450 U.S. 40(1981). Accordingly, the Court reversed the ruling of the court of appeal, vacated applicant’s conviction and sentence for vehicular homicide, and entered a judgment of acquittal. View "Louisiana v. Trahan" on Justia Law

Respondent Noe Aguliar-Benitez was convicted by jury of attempted aggravated rape and sexual battery. The evidence presented at trial established that respondent, while a guest in the home, sexually abused an 8-year-old child who resided there. As part of that abuse, he raped or attempted to rape her. Respondent claimed the offenses occurred during a single incident; the victim described repeated abuse. The trial court sentenced respondent to serve the statutory maximum sentences of 50 years imprisonment at hard labor for attempted aggravated rape and 99 years imprisonment at hard labor for sexual battery, to run concurrently and without parole eligibility. The court of appeal vacated the sentences, and remanded to the trial court with instructions to rule on respondent’s motion for new trial before resentencing. On remand, the trial court denied respondent’s motion for new trial and resentenced him to the same terms of imprisonment. The court of appeal affirmed the convictions but vacated the sentences as unconstitutionally excessive, and remanded for resentencing a second time. On remand, the trial court resentenced respondent to serve 40 years imprisonment at hard labor for attempted aggravated rape and 75 years imprisonment at hard labor for sexual battery, to run concurrently and without parole eligibility. The court of appeal affirmed the 40-year sentence for attempted aggravated rape, but vacated the 75-year sentence for sexual battery as unconstitutionally excessive, and remanded for resentencing a third time. The Louisiana Supreme Court granted the State’s application to determine whether the trial court, after the second remand, abused its discretion in imposing a sentence for sexual battery that, while it was 24 years less than the sentence originally imposed, was still 20 years greater than the maximum recommended by the court of appeal. After reviewing the record, the Supreme Court found the trial court did not abuse its broad discretion in sentencing following the second remand. Furthermore, the Court respectfully disagreed with the court of appeal’s emphasis on whether the trial court articulated a sufficient justification for departing from the court of appeal’s recommended sentencing range. Accordingly, the Supreme Court reversed the court of appeal in part and reinstated the 75-year sentence imposed by the trial court for sexual battery. View "Louisiana v. Aguliar-Benitez" 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

Plaintiffs Anne Marie Auricchio and Patrick Hogan, and defendant Lynleigh Harriston, owned neighboring properties. Harriston’s brother lived in a rental apartment on her property. Plaintiffs sued Harriston, contending she refused to stop her brother’s drug use on the property, which interfered with the peaceable use of Plaintiffs’ property. Ultimately, Plaintiffs claimed they moved due to the drug activities. Plaintiffs then moved for summary judgment, asserting no genuine issues of material fact existed with regard to the following: Harriston invited her brother to live in the apartment despite having full knowledge he was a drug addict who had been repeatedly incarcerated for heroin use, that the brother’s occupancy and drug activity was causing harm to Plaintiffs, and that Harriston did nothing to prevent or eliminate the harm. Harriston moved for a continuance and, alternatively, a motion to file opposition evidence after the Article 966(B)(2) fifteen-day deadline. Harriston’s motion explained her counsel had “some difficulties with COVID-19.” Ten days before the hearing, Harriston filed an opposition to the summary judgment motion. Plaintiffs opposed both the motion for continuance and the motion for leave to file the late opposition. The trial court denied the motion to continue, but allowed the late opposition. The motion for summary judgment was denied, with the trial court finding the late-filed opposition raised genuine issues of material fact. The Louisiana Supreme Court granted certiorari review to resolve a split between the courts of appeal relative to the interpretation of Louisiana Code of Civil Procedure article 966(B)(2). The Court held that, in the absence of consent by the parties, a trial court has no discretion to extend that article’s fifteen-day deadline for filing an opposition. This case was remanded for the trial court to rule on the motion for summary judgment without the late-filed opposition. View "Auricchio v. Harriston" on Justia Law

In late 2018, plaintiff Teresa Kelleher began to experience pain in her thoracic spine. Plaintiff was ultimately found to have an abscess in her thoracic spine with positive marrow infiltration around the T2 and T3 vertebrae. A 2019 bone biopsy confirmed acute and chronic osteomyelitis (bone infection). Plaintiff alleged she was neurologically intact and ambulatory at that time. Plaintiff’s treating orthopedic surgeon, Dr. Felipe Ramirez, referred her to an infectious disease specialist, Dr. Julio Figueroa, who was affiliated with the LSU-Health Sciences Center-New Orleans, who recommended "prompt" treatment with antibiotics. Plaintiff alleged, however, she was told that defendant University Medical Center Management Corporation d/b/a University Medical Center New Orleans (“UMC”) would contact her to schedule an appointment for treatment at its Infectious Disease (“ID”) Clinic. Having not heard from anyone for several days, she called UMC to inquire about her appointment status and was told to “be patient” because “it was Christmastime.” In January 2019, plaintiff was taken to Touro Infirmary with lower extremity paralysis. Her osteomyelitis had progressed to the point that she lost neurological function of her lower extremity. Despite treatment at Touro, plaintiff was rendered paraplegic due to the progressed osteomyelitis. In August 2019, plaintiff filed a medical malpractice complaint against UMC, Dr. Figueroa, and the State of Louisiana through the Board of Supervisors of the Louisiana State University and Agricultural and Mechanical College and LSU Health Sciences Center-New Orleans (“LSU”). Two months later, plaintiff filed suit in district court against Dr. Figueroa and UMC for, inter alia, “failing to properly train administrative personnel to schedule appointments [and] failing to arrange for the promised prompt appointment for [plaintiff].” Defendants responded with dilatory exceptions of prematurity asserting the claims were not solely “administrative,” and were therefore covered by the Louisiana Medical Malpractice Act and had to be submitted to a medical review panel. The trial court, without giving reasons, granted Dr. Figueroa’s and LSU’s exception, but denied UMC’s exception. The Louisiana Supreme Court found plaintiff did not qualify as a “patient” of UMC under the definitions in the Act. The Court therefore affirmed the trial court’s denial of the dilatory exception of prematurity and remanded the matter for further proceedings. View "Kelleher v. University Medical Center Management Corp." on Justia Law

Calcasieu Parish School Board Sales & Use Tax Department and Kimberly Tyree, in her capacity as Administrator thereof (collectively, “CPSB”) appealed the court of appeal's declaration that 2016 Act No. 3 (“Act 3”) was unconstitutional for violating La. Const. Art. VII, section 2 (the “Tax Limitation Clause”). Appellee Nelson Industrial Steam Company (“NISCO”) owned and operated an electrical power generating facility in Lake Charles in which it produced multiple products: electricity, steam, and ash. After not taxing NISCO for its limestone purchases for many years, the Louisiana Department of Revenue (“LDR”) and CPSB sued NISCO to collect unpaid taxes for its limestone purchases between 2005 and 2012. The suit went before the Louisiana Supreme Court in Bridges v. Nelson Indus. Steam Co., 190 So. 3d 276 (“NISCO I”), in which the Court determined the limestone purchases were excluded from sales tax of sales at retail under the “further processing exclusion” as then set forth in La. R.S. 47:301(10)(c)(i)(aa). Before NISCO I was final, Act 3 was passed into law in the 2016 Second Extraordinary Session with less than a two-thirds favorable vote of the members of both houses of the Legislature. Following legislative amendments, CPSB brought the underlying lawsuit against NISCO to collect sales taxes on its limestone purchases retroactively. The court of appeal held that Act 3 was a “new tax” and therefore unconstitutional under the Tax Limitation Clause for failure to garner a two-thirds vote in each house of the Legislature. Finding no reversible error in that judgment, the Supreme Court affirmed. View "Calcasieu Parish School Bd. Sales & Use Dept., et al. v. Nelson Industrial Steam Co." on Justia Law