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N A K E D Louisiana O W N E R S H I P 
All Things Legal in Louisiana




 


July 19, 2006


Personal jurisdiction and the Web

In Quality Design & Construction, Inc. v. Tuff Coat Manufacturing, Inc., 2005-1712 (La. App. 1 Cir. 7/12/06), the First Circuit addressed "the res nova issue of the exercise of personal jurisdiction by Louisiana over a nonresident defendant based on that defendant's contact with Louisiana through its Internet website." In resolving the issue, the court adopted the "sliding scale" approach, originally formulated in Zippo Manufacturing Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119 (W.D. Pa. 1997). Finding the defendant's web site to be "more closely aligned to the 'passive' end of the spectrum," the court affirmed judgment sustaining the defendant's declinatory exception of lack of personal jurisdiction.

Posted by RPW at 02:30 PM

May 13, 2005


Appeal reinstated after appellant misses Rule 2-8.6 abandonment deadline

One week ago, in Hehn v. Hehn, the en banc Louisiana First Circuit reinstated an appeal that had been dismissed as abandoned.

Here's what happened: After the record was lodged, the court sent out its usual notice of lodging, with briefing deadlines. The appellant failed to file a brief by his deadline, which prompted the court to send a notice of abandonment under Uniform Rule 2-8.6. The Rule 2-8.6 notice warned appellant that his appeal would be dismissed if he did not file a brief within 30 days. On the 30th day, the appellant filed a brief, but the brief was rejected by the clerk's office for failing to comply with the type-size requirement of Rule 2-12.2(2), requiring a 14-point font. Four days later, the court dismissed the appeal.

Appellant then filed a motion for rehearing, seeking reinstatement of the appeal. Appellant's counsel explained that she missed the first deadline due to medical reasons. And she attempted in good faith to file a brief within the Rule 2-8.6 deadline, but because this was the first appeal brief she had done since the rule change to 14-point type, she was unaware of the type-size requirement. The en banc court granted reheaing and reinstated the appeal, but warned that its decision should not be read as "a deviation from our usual policy of [enforcing] Rule 2-8.6, but rather as a unique exception to the rule."

Judge Guidry concurred in the decision, but added that in order to reach it, the court should overrule Lout v. Booty's Deli, 868 So.2d 26 (La. App. 1 Cir. 9/26/03). There, a panel of the First Circuit held that under similar circumstances, it lacked jurisdiiction to consider the appeal, once appellant failed to file a rule-compliant brief by the Rule 2-8.6 deadline and the order of dismissal had been issued.

Posted by RPW at 10:07 AM

February 20, 2005


1st Circuit Backlog

Today's Times-Picayune carries this story by Meghan Gordon about the backlog at the Louisiana First Circuit and what's being tried to catch up.

Posted by RPW at 10:41 AM

August 24, 2004


Amendment Banning Same-Sex Marriage Will Appear on Sept. 18 Ballot, First Circuit Rules

Yesterday the First Circuit affirmed dismissal of a suit seeking to prevent a proposed constitutional amendment from appearing on the ballot for the September 18 primary election. The amendment would define marriage as the union of one man and one woman. In response to the plaintiffs' suit, Secretary of State Fox McKeithen pled an exception of prematurity, arguing that the Election Code permits a challenge to a proposed constitutional amendment only within 10 days after the election has occurred. Since the election hasn't occurred yet, plaintiffs' suit is premature, McKeithen argued. The trial court agreed with McKeithen, maintained the exception, and dismissed the suit. The First Circuit affirmed, finding "no provision in the Election Code for a pre-election challenge to the placement of a proposed constitutional amendment on a ballot."

(For Naked Ownership's prior report on this case, click here.)

Posted by RPW at 12:46 PM

Haggerty and Lobello Can Run for Slidell City Court Judgeship

Today the First Circuit affirmed a trial-court decision allowing Bryan Haggerty and Vincent Lobello to run for judge of Slidell City Court. Charles Branton challenged Haggerty's and Lobello's candidacy on grounds that they were not qualified for the office because neither had practiced law for five years when he qualified for the race. Branton relied on La. R.S. 18:492(A)(3), which provides the general rule that a candidate for public office must possess the necessary qualifications on the date the candidate qualifies for the election. But the trial court dismissed Branton's petition, holding that another statute, La. R.S. 13:2487.2, trumps R.S. 18:492(A)(3). Section 13:2487.2 specifies that the judge must be licensed to practice law in Louisiana for at least five years before the election. The First Circuit affirmed, adopting the trial court's holding as its own.

(For Naked Ownership's prior report on this case, click here.)

Posted by RPW at 12:35 PM

August 13, 2004


Defendant in Maritime Suit May Demand Jury Trial

In Spencer v. DOTD, No. 2003-CA-0539, decided August 11, the First Circuit held that, under the current version of La. C.C.P. Art. 1732, a defendant in a maritime personal-injury suit may demand a jury trial. Thus, the trial court committed reversible error by severing, for a separate bench trial, the plaintiff's claims for maintenance and cure. The plaintiff filed her amended petition seeking maintenance and cure after the defendant had filed its answer and jury-trial demand. Nonetheless, the defendant had demanded jury trial on "all issues," and thus was entitled to jury trial of issues raised by the later-filed amended petition.

In a companion decision, Spencer v. DOTD, No. 2003-CA-2849, the First Circuit held that the plaintiff could not squeeze under the $50,000 threshold for a jury trial by severing her claims for separate trials. After the trial court had conducted the bench trial of plaintiff's maintenance and cure claims, plaintiff tried to avoid a jury trial of her remaining claims by stipulating that those remaining claims were worth less than $50,000. The First Circuit held that the defendant's right to jury trial depends on the total value of all plaintiff's claims against the defendant.

Posted by RPW at 06:07 PM

August 10, 2004


Judge Brady Fitzsimmons - An Endorsement

Judge Brady Fitzsimmons (pdf file) is running for re-election to the Louisiana First Circuit in September. I can't say enough good things about Judge Fitzsimmons, so let me put it succinctly. He has no bias and does not play favorites. Even though I have come to know him as a good friend, I know that he would rule against me in a second if he believed I was advocating what he perceived to be the wrong side of an argument. In short, he has my greatest respect as a judge who has complete integrity and an unwavering commitment to doing his job in a fair and impartial way.

If those were his only qualities I'd say those are enough to vote for him without reservation. The fact that he is also hard-working and wise is 'lagniappe.' Hopefully, one day he will be a member of the Louisiana Supreme Court. But, for now, let's make sure he stays on the First Circuit Court of Appeals.

Posted by EES at 02:42 PM

July 14, 2004


State Immunity From Prescription Does Not Benefit Parish School Board

Article 12, 13 of the Louisiana Constitution provides that prescription does not run against the state in any civil matter unless otherwise provided in the Constitution or expressly by law. Today, in Terrebonne Parish School Board v. Southdown, Inc., the First Circuit holds that this constitutional provision does not apply to a parish school board.

Posted by RPW at 03:17 PM

Claim For False-Light Invasion Of Privacy Held Premature

Louisiana courts generally hold that a claim for defamation is premature if the claim arises from statements made in litigation against a party to that litigation, and that litigation has not yet terminated. In Simpson v. Perry, rendered today, a five-judge panel of the First Circuit extends that rule to a claim for false-light invasion of privacy.

Posted by RPW at 03:04 PM

June 26, 2004


Legacy of "Lawsuit" Ineffective When Testator Survived by Children

Recent law-school grads take note: this is the kind of case that can show up on the bar exam.

Vera Rainey filed a personal-injury suit against Entergy. Bench trial on the merits was held in December 2000. In February 2001, Rainey made a last will and testament, naming Craig Brigalia as her executor and purporting to bequeath to him her "lawsuit" against Entergy. On March 14, 2001, the trial court rendered judgment in Rainey's favor against Entergy. On May 9, 2001, Entergy took a suspensive appeal. On May 25, 2001, Rainey died, survived by two adult children. Who is the proper appellee -- Brigalia or the surviving children?

In a decision rendered yesterday, the First Circuit held that the children are the proper appellees, not Brigalia. While C.C.P. Art. 426 and Art. 685 appear to vest the right of action in a legatee or an executor, both provisions are qualified by the phrase "except as otherwise provided by law." And in this case, the First Circuit held that Civil Code Art. 2315.1 is one such exception. The bequest of the "lawsuit" in Brigalia's favor was ineffective, the court held, because "a person does not have the capacity to make or receive a donation mortis causa of a tort cause and right of action as long as a beneficiary listed in Article 2315.1 is alive." Rainey v. Entergy Gulf States, Inc., No. 2001-CA-2414, slip op. (La. App. 1 Cir. June 25, 2004).

Posted by RPW at 02:26 PM

Louisiana Can Tax Out-of-State IPHC, Says La. First Circuit

In recent years, many large retailers have set up intellectual-property holding companies (IPHCs). Typically, the IPHC will own the retailer's trademarks, trade names, and service marks. The IPHC will then license this intellectual property to the retailer, who pays a fee for the license and uses the license to sell merchandise nationwide.

A hot issue lately is whether the IPHC's income can be taxed by a state where the merchanise is sold, even when the IPHC itself does no business in the taxing state. In a decision handed down yesterday, the Louisiana First Circuit said that it can. Secretary v. Gap (Apparel), Inc., No. 2004-CW-0263, slip op. (La. App. 1 Cir. June 25, 2004).

This case involved The Gap, Inc., which owns and operates The Gap, Old Navy, and Banana Republic stores in Louisiana and nationwide. Gap created an IPHC, Gap (Apparel), Inc., whose state of incorporation and place of business is California. Gap transferred various trademarks, trade names, and service marks to Apparel, who in turn licensed that intangible property back to Gap.

The Louisiana Department of Revenue contended that Apparel had received $11.9 million in license fees attributable to sales in Louisiana, and assessed corporation income and franchise taxes against Apparel. When Apparel refused to pay, the Department sued. Apparel objected that the Louisiana court had no personal jurisdiction over it. The trial court held that Apparel was subject to personal jurisdiction in Louisiana. Apparel then applied to the First Circuit for supervisory writs, which that court denied. In its per curiam opinion, the court said, "While Apparel may not have a physical presence in Louisiana, its intangible property clearly has a connection with Louisiana." Slip op. at 4. The court concluded that because Apparel's "intangibles have acquired a business situs in Louisiana," those intangibles "are subject to taxation in this state." Id. at 5.

Posted by RPW at 01:09 PM

CGL Insurers Must Defend Cell-Phone Manufacturer in Class Actions

Cell-phone manufacturers have been named as defendants in several class actions nationwide. The class-action plaintiffs allege that repeated exposure to microwave signals emitted by the cell phones creates an increased risk of brain cancer. They seek to compel the manufacturers to provide headsets (or the cost of headsets), to minimize the risk of microwave exposure. In one case, Naquin v. Nokia, the class-action plaintiffs seek the cost of medical monitoring.

Are these claims covered by the manufacturers' CGL insurers? In a pair of decisions released yesterday, the Louisiana First Circuit answered that they could be. Thus, the insurers must defend the manufacturer.

The manufacturer, Motorola, sued its CGL insurers for declaratory judgment obligating the insurers to defend and indemnify Motorola. One insurer, Zurich, moved for summary judgment, and Motorola cross-moved for summary judgment. The trial court granted Zurich's motion and denied Motorola's. But the Louisiana First Circuit reversed. "We cannot say, as a matter of law, that the relief sought by the class action plaintiffs falls outside the broad scope of 'damages because of bodily injury.' Thus, we conclude that Zurich's policy imposes the duty to defend Motorola under the factual allegations of the Class Actions. The resolution of the issue of Zurich's duty to indemnify Motorola will necessarily depend on the disposition of the merits of the Class Actions." Motorola, Inc. v. Associated Indem. Corp., No. 2002-CA-0716, slip op. (La. App. 1 Cir. June 25, 2004). See also Motorola, Inc. v. Associated Indem. Corp., No. 2002-CA-1351, slip op. (La. App. 1 Cir. June 25, 2004) (companion appeal following summary judgment in favor of other insurers).

Posted by RPW at 12:07 PM

May 31, 2004


Advice from the Judiciary Regarding Summary Judgment Attachments

The following concurrence from Gaspard v. Graves, 03-0844 (La.App. 1 Cir. 2/23/04) was recently published in Around the Bar:

DOWNING, J. agrees and assigns additional reasons.

The question on the test was, who was Socrates? A little girl wrote, "Socrates was a wise man who went around giving other people good advice. They poisoned him."

My good advice to attorneys is to remember that exhibits attached to the memorandum, which goes to the judge, are not in evidence. The original motion for summary judgment, with attached exhibits should be filed into the record and a copy sent to the judge. The original opposing memorandum and a copy of the exhibits goes to the judge and a copy of the opposing memorandum and the original exhibits should be filed in the record.

Although, C.C.P. art. 966 refers to pleadings, depositions, etc. on file, it would help the trial court if you would both list the affidavits attached to the motion and also list in the motion the other evidence in the record upon which you rely and also attach the documents as exhibits. This would also eliminate a lot of guesswork on the part of the court of appeal because we are not always able to determine what the trial court considered in granting or denying the motion for summary judgment.

Because C.C.P. art. 966 uses the term "pleadings" many attorneys seem to think that since the petition is a pleading that they may rely upon the facts alleged in the petition to oppose the motion for summary judgment. The article technically should say, "admissible pleading." The first sentence of C.C.P. art. 967 clearly states that once a motion for summary judgment is made an adverse party may not rest upon the allegations in a pleading. The exception would be facts admitted in the petition or answer. These should be specifically pointed out and, to avoid any doubt, copied and attached to the motion or memorandum. This suggestion applies to other discovery.

"Personal knowledge," under C.C.P. art. 967 does not include hearsay. We are constantly reviewing affidavits from a supervisor who interviewed everyone and who thereafter states he has personal knowledge because of the interviews. That is hearsay and not personal knowledge. The exceptions would be the same exceptions that would apply to hearsay, for instance, if he interviewed the opposing party and the statement was an admission. You should file a motion to strike when the other party files an affidavit with hearsay.

If you have not had time for discovery, file a motion for a continuance. I would file it in the form of an affidavit. Most of the time the attorney simply states at the hearing on the motion for summary judgment that he has not had time for discovery. C.C.P. art. 967 actually states, (i)f it appears from the affidavits of a party ... the court may refuse the application... Why take a chance?

Finally, when is a partial judgment a final judgment? If it totally removes a party from the litigation, it is a final judgment. Also, if there is no just reason for delay, it is a final judgment, after an express determination by the court. What does that mean? The legislature didn't give any definitions or suggestions. The appellate courts have not given a list of just reasons or satisfactory "express determinations." I would suggest that the attorneys ask the trial court to make a finding that an appellate determination of this issue will eliminate this litigation, or is required for this litigation to proceed. But, don't just say those words, explain the why and how, otherwise you will have simply delayed the proceedings to have the court of appeal decide that the reasons were not good enough. And since there are no guidelines, the probability of that happening is fairly good.

In the instant case, all of us regret not being able to decide this case because the exhibits were not in the record. However, since the court of appeal cannot take evidence there was no easy way to resolve this matter.

Posted by AJR at 07:29 PM

July 02, 2003


First Circuit Mediation Pilot Program Approved

The Advocate reports that the Louisiana Supreme Court has approved a pilot mediation program for the Louisiana First Circuit Court of Appeal. The Supreme Court will fund the voluntary program, which will provide for a free mediation within 60 days of an agreement to participate by all parties. The program is modeled after the system that is used in the federal courts, specifically the Fifth Circuit.

Posted by AJR at 07:09 AM

April 02, 2003


Judiciary Commission Seeks to Reprimand 1st Circuit Judge

The Advocate reports that the State Judiciary Commission has recommended that the Louisiana Supreme Court publicly reprimand First Circuit Court of Appeal Judge Randy Parro for interceding on his niece's behalf when she was facing a felony theft charge.

A May 30, 2001, article in The Houma Courier prompted the Judiciary Commission probe. The newspaper quoted Parro as saying, "I did this as an uncle and a godparent. I just asked if there was anything that could be done so Celeste might avoid prosecution. I didn't give up my rights as a citizen when I became a judge."

Posted by AJR at 06:57 AM

March 18, 2003


Louisiana First Circuit Opinions

Here are the most recent opinions as of today 3/18/03 from the Louisiana First Circuit Court of Appeal compliments of the Louisiana State Bar Association.

These are unofficial versions of the Court's opinion. Official versions are available from the Court. The Louisiana State Bar Association makes no representations whatsoever, whether about the accuracy of the text or name or citation of the opinion or otherwise. Further the Louisiana State Bar Association makes no representation that this opinion has or has not been withdrawn, amended, reversed, or altered by judicial action.

Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA1292
Full Opinion [pdf]
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In this wrongful death and survival action, plantiffs Mary Bel, individually and on behalf of the estate of her husband, Douglas Bel, Linda B. Mire, and Carolyn B. Heard, appeal the trial court's granting of defendants Craig Lewis, individually and D/B/A Craig Lewis Sate Farm Agency peremptory exception raising the objection of prescription/peremption. Affirmed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0573
Full Opinion [pdf]
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In this appeal the plaintiff challenges the trial court's grant of attorney's fees in favor of the defendant. Affirmed In Part, Reversed In Part.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 002CA0575
Full Opinion [pdf]
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This case presents an issue of res nova in this circuit as to whether a political subdivision may be vicariously liable for negligence of an employee driving a vechicle owned by the political subdivision regardless of whether the employee acted with the course and scope of her employment from a judgement finding the political subdivision liable pursant to a theory of respondent superior, the political subdivision has appealed. Reversed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0583
Full Opinion [pdf]
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The plaintiff has appealed the trial court's denial of the motion to set aside an earlier judgement of dissmissal in favor of the defendant. Appeal Dismissed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Real Estate/Construction/Oil and Gas/Environmental
Docket Number - 2002CA0835
Full Opinion [pdf]
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This appeal arises from the rial court's dismissal of the majority of an action for real estate commessions aganist the landlord(s) on numerous leases of immovable property. Reversed And Remanded.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0933
Full Opinion [pdf]
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This appeal has been brought pursant to the trial court's certification of a summary judgement as a final partial judgement under La. C.C.P. art.1915.
For the following reasons, we find onour de novo review that the trial court erred in certifying the partial summary judgement as a final judgement. As, a result this court lacks subject matter jurisdiction.
Appeal Dismissed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0937
Full Opinion [pdf]
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This is a workers' compensation case where TETRA appeal a judgement granting Ronald Boquet permanent total disability benefits. Reversed, Remanded with Instructions.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0992
Full Opinion [pdf]
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In this workers comprnsation action the claimant appeals from the judgement sustaining a aperemptory exception raising the objection of prescription and dismissing his claim for workers' compemsation benefits. Affirms In Part, Reverses In Part, Remands.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0548
Full Opinion [pdf]
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The issue raised on appeal in this succession case are whether the trial court erred in granting summary judgement on the issue of the reasonableness of a contigency fee contract and in denying summary judgement on the issue of the excessiveness of the contract. Reversed In Part, Affirmed In Part, And Remanded.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA1178
Full Opinion [pdf]
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In case Zodiac Development and American Emploters Insurance Company, appeal a judgement overruling exceptions raising the objections of lack of personal jurisdiction over nonresident, Shamma, and improper venue. Affirmed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1477
Full Opinion [pdf]
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The defendant, Bradley Graham wascharged with attenpted second degree murder, armed robbery, attempetd aggravated rape; aggravated sexual battery, second degree kidnapping and eight counts of aggravated oral sexual battery. He pled not guilty and waived his right to a jury and was found guilty by a judge. Convictions, Habitual Offinder Adjudication And Sentences Affirmed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Family/Estate Planning/Wills and Trust
Docket Number - 2002CU2131
Full Opinion [pdf]
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This is an action by a father in opposition to the planned relocation of his eleven-year-old daughter. The mother now appeals from an order of the trial court precluding the daughter from relocating with her mother outside an area of family support.


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Date - 2/26/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CW2235
Full Opinion [pdf]
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This issue before the court in this writ application is whether an employer may be considered the claimant under LSA-R.S. 1310.4 and choose the situs of the necessary hearings. Writ granted and made premptory;Remanded with order.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1006
Full Opinion [pdf]
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Thw defNDnt, Russell Millien pled not gilty to a charge of theft of property. Following a jury trial he was convicted. He twice moved for a mistrial and a new trial but was denied. Hissentence was to be consecutively served. He appeals designating three assignments of error. Conviction Reversed and Modified; Sentence Vacated; Remanded for Resentencing.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1259
Full Opinion [pdf]
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Mr. Philip Foster was cahrged with one count of conspiracy to commit malfeasance, one count of conspiracy to commit monry laundering and (count two)
one count of conspiracy to commit money laundering.
The defendant pled not guilty to all counts. Affirmed.


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Date - 3/5/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1268
Full Opinion [pdf]
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The defendant, Jerry L. Hayes, was charged by bill of information with theft. He pled not guilty and was found guilty by a jury. Affirmed


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1269
Full Opinion [pdf]
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The defendant Timothy Booker was charged by a grand jury with murder. He pled not guilty. Following a jury trial he was convicted as charged. Conviction And Sentence Affirmed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1344
Full Opinion [pdf]
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The defendant, Eric P. Hamilton was originally chargd with posession of cocaine, he pled not guilty. The state later amended the charge to posession with intent to distribute. The defendant entered a plea of not guilty to the amended charge and was found guilty by a jury. Convictions And Sentence Affirmed.


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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA1144
Full Opinion [pdf]
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In this workers' compensaation case matter the defendants, Cippriani's Restaurant and its insurer LRASIF, appeal a ruling in favor of Cleo Davis for workers' compensation. Affirmed.


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Posted by AJR at 10:02 PM

March 11, 2003


Louisiana First Circuit Court of Appeal Opinions

Here are the most recent opinions as of 3/11/03 from the Louisiana First Circuit Court of Appeal compliments of the Louisiana State Bar Association.

These are unofficial versions of the Court's opinion. Official versions are available from the Court. The Louisiana State Bar Association makes no representations whatsoever, whether about the accuracy of the text or name or citation of the opinion or otherwise. Further the Louisiana State Bar Association makes no representation that this opinion has or has not been withdrawn, amended, reversed, or altered by judicial action.

Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Family/Estate Planning/Wills and Trust
Docket Number - 2002CA0366
Full Opinion [pdf]
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Karen J. Richard, individually and on behalf of her minor child Emily Richard (Richard) appeals the trial court's grant of summary judgements in favor of Screeening Systems International, Inc. (SSI). AFFRIMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 2002CA0252
Full Opinion [pdf]
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The plaintiff serves the defendants for information in petition. Defendants filed a motion to dismiss for failure to request service within prescribed time. The court reversed the dismissal of the suit and remanded for further proceedings.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0286
Full Opinion [pdf]
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This appeal is by an employer and its insurer from a decision of the workers' compensation judge (WCJ) Pamela Moses-Laramore awarding the claimant benefits and medical expenses. AMENDED AND AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0290
Full Opinion [pdf]
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This is a Wkrs. Comp. case were the court found no error in the WCJ's determinatiom that Holi Temporary Services exception raising the objection of res judicata should be sustained. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0295
Full Opinion [pdf]
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Oko Usun, appellant, appeals the decision of the Civil Service Referee sustaining his dismissal by the appointing authority in these consolidated cases. The court found no evidence the CSR abused her discretion in upholding the disciplinary action imposed and thus AFFIRM her decision.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0335
Full Opinion [pdf]
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This appeal challenges a ruling of the Louisiana Board of Ethics decreeing that Jeferson Alliance is subject to registration and reporting requirements of the Campaign Finance Disclosure Act.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0338
Full Opinion [pdf]
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In this case, plaintiffs challenge the trial court's judgement granting summary judgement in favor of the defendants. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0339
Full Opinion [pdf]
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This is an appeal by an insurer from a declaratory judgement setting forth the rights and responsibilities of parties to this action under various judgements. AMENDED AND AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 2002CA0350
Full Opinion [pdf]
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Allstate Indemnity Company (Allstate), which provided UM insurance coverage to Ibrahim, appeals a judgement finding it eas arbitrary and capricious in its handling of his claim and imposing statutory penalties ans attornet fees. Ibrahim answered the appeal, seeking additional attorney fees and legal interest. AMENDED AND AS AMENDED, AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0359
Full Opinion [pdf]
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This appeal arises from an action for workers' compensation in which the claimant was found totally and permantly disabled. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2001CA2912
Full Opinion [pdf]
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The Louisiana State Employees' Retirement System (LASERS) appeals an adverse judgement of the trial courts in Ethel Dobrowolski's favor overruling LASERS's decision that she was not disabled. REVERSED AND REMANDED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Contracts and Obligations, Real Estate/Construction/Oil and Gas/Environmental
Docket Number - 2002CA0364
Full Opinion [pdf]
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Plaintiffs-Lessees appeal the trial court's finding of defendant-lessor's "reasonableness" in denying consent to a leasehold mortgage. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 2002CA0532
Full Opinion [pdf]
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This is an appeal of a judgement aearding damages to the plaintiffs and their insurer as a result of injuries susstained in an automobile accident. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Family/Estate Planning/Wills and Trust
Docket Number - 2002CA0368
Full Opinion [pdf]
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Rosemary Cucchero appeals a trial court's judgement revoking her appointment as represenative of her father's succession. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0393
Full Opinion [pdf]
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The Board of Trustees of the State Employees Group Benefits Programfiled suit seeking a declaratory judgement aganist the Vernon Parish School Board. REVERSED AND RENDERED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0394
Full Opinion [pdf]
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This appeal challenges the granting of a prescription exception in a workers' compensation case. REVERSED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0399
Full Opinion [pdf]
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Richard Parker filed a petition for judicial review of an administrative remedy action. Parker falied to raise substantial right violation which would state a cause of action ans/or invoke the jurisdiction of the court. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0410
Full Opinion [pdf]
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This appeal arises from a woekers' compensation case that was denied. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002CA0429
Full Opinion [pdf]
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This is an appeal from a judgement maintaining the defendants' peremptory exception raising the objection of prescription. REVERSED AND REMANDED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0507
Full Opinion [pdf]
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This appeal arises from a workers' compensation case that was denied. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Real Estate/Construction/Oil and Gas/Environmental
Docket Number - 2002CA0513
Full Opinion [pdf]
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This appeal challenges a trial court's judgement awarding property damage to numerous persons residing along Bayou Lafourche in connection with a chenical spill in the Miss. River. The plaintiffs failed to prove negligence in the defendant's handling of the spill. REVERSED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0519
Full Opinion [pdf]
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In this case the defendant appeals a judgement of the OWC awarding claimant temporary total disability benefits, supplemental earnings benefits, penalties, and attorney fees in connection with a work-related accident. AFFIRMED

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 002CA0523
Full Opinion [pdf]
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Mr. Montalbano appeals his denial for supplemental earnings benefits. AFFIRMED

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Posted by AJR at 11:10 PM
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