JOHNSON, Justice. Defendant, Michael Anthony Wright, was convicted by a jury of aggravated incest and sentenced to eighteen years imprisonment at hard labor. Finding the trial court erred in admitting certain evidence which was inadmissible pursuant to Louisiana Code of Evidence article 412.2, and in denying the defendant's related motions for mistrial, the court of appeal reversed the conviction, vacated the sentence and remanded the matter for a new trial. We granted the State's writ...
WEIMER, Justice. We granted certiorari in this lawsuit to determine whether the lower courts correctly applied the standards for analyzing class action certification set forth in La. C.C.P. arts. 591, et seq. After reviewing the record and the applicable law, we find the lower courts erred in concluding that common questions of law or fact exist, that questions of law or fact common to members of the class predominate over any questions affecting only individual members, and that a class...
PER CURIAM. This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Louis A. Gerdes, Jr., an attorney licensed to practice law in Louisiana. PRIOR DISCIPLINARY HISTORY Before we address the current charges, we find it helpful to review respondent's prior disciplinary history. Respondent was admitted to the practice of law in Louisiana in 1968. In June 1995, respondent was admonished by the disciplinary board for improperly...
CLARK, Justice. We granted certiorari to determine whether the court of appeal erred in reversing the trial court's denial of the defendant's exception of res judicata. For the reasons that follow, we find an unconfirmed arbitration award does not have a preclusive effect. Accordingly, we reverse the court of appeal's ruling and remand the matter to the trial court for proceedings consistent with this holding. FACTS AND PROCEDURAL HISTORY Harold Otis Wright was paralyzed and incapacitated...
GUIDRY, Justice. We accepted the certified question presented to this court by the United States Court of Appeals, Fifth Circuit, in MCI Communications Services, Inc. v. Hagan, 641 F.3d 112 (5th Cir.2011). 1 The question is this: "Is the proposed jury instruction in this case, which states that `[a] Defendant may be held liable for an inadvertent trespass resulting from an intentional act,' a correct statement of Louisiana law when the trespass at issue is the severing of an underground...
PER CURIAM. We granted defendant's application for a writ of certiorari in this case on June 3, 2011. After receiving briefing from the parties and reviewing the record of the matter, we conclude the judgment below does not require the exercise of this court's supervisory authority. Accordingly, we recall our order of June 3, 2011 as improvidently granted, and we deny defendant's writ application. VICTORY, J., dissents for reasons assigned by Justice WEIMER. WEIMER, J., dissents for reasons...
KNOLL, J. This civil case involves a legal malpractice claim brought by MB Industries, LLC ("MBI") against attorneys Steven Durio and John Weinstein. Durio and Weinstein represented MBI in an ultimately unsuccessful lawsuit against former MBI employees Mark Massey and Sam Lavergne. Rather than appeal the unfavorable judgment, MBI chose to file the instant malpractice action. There are two issues that need clarification in disposing of this case: first, whether a party's failure to appeal...
PER CURIAM. We granted certiorari in this case to determine whether the court of appeal erred in reversing the district court in part, finding plaintiff's claim for false arrest was not prescribed. For the reasons that follow, we now reverse the court of appeal's judgment, and reinstate the district court's judgment in its entirety. UNDERLYING FACTS AND PROCEDURE The State of Louisiana, Department of Social Services ("DSS") conducted an investigation of Kirk Richard in response to reports of...
JOHNSON, Justice. This writ application arises from Plaintiff's claims for property damage to her home following Hurricane Rita and for damages and penalties against her homeowner's insurer pursuant to La. R.S. 22:658 and La. R.S. 22:1220. 1 We granted the writ application primarily to review the correctness of the rulings of the lower courts applying the penalty provision of La. R.S. 22:1220(C) to contractual damages, and awarding attorney fees pursuant to the amended version of La. R.S....
KIMBALL, C.J. On May 17, 2006, Felton Dejuan Dorsey and Randy Wilson were indicted by a Caddo Parish grand jury for the first degree murder of Joe Prock and attempted first degree murder of Bobbie Prock. The state subsequently dismissed the latter charge against both by amendment. On May 18, 2006, the state gave notice of its intention to seek the death penalty at Dorsey's (hereinafter "defendant") trial, alleging five aggravating factors. On May 4, 2009, the state filed an amended notice of...
CLARK, Justice. This matter comes before the Court on the recommendation of the Judiciary Commission of Louisiana ("Commission") that Judge Reginald T. Badeaux, III ("Judge Badeaux") of the 22nd Judicial District Court for the Parish of St. Tammany, State of Louisiana, be publicly censured and ordered to reimburse the Commission for costs incurred in the investigation and prosecution of this case. For the reasons that follow, we order Judge Badeaux to be publicly censured and ordered to...
GUIDRY, Justice. * In this relocation and custody modification matter, we are called upon to determine whether the trial court or the court of appeal on rehearing correctly applied the criteria governing relocations, La.Rev. Stat. 9:355.1 et seq., to the domiciliary parent's request to relocate from Alabama to Kansas, and also correctly applied Bergeron v. Bergeron, 492 So.2d 1193 (La.1986), to the non-domiciliary parent's request for modification of custody. 1 Thus, the issue...
WEIMER, Justice. The issue to be resolved is whether it is sufficient to serve with citation only the head of a state agency or whether it is necessary to also serve the attorney general and the office of risk management in a tort action against a state agency. Specifically, this matter is before the court for a determination of whether the plaintiff's request for service and citation within 90 days from the commencement of this tort suit on only the head of the state agency satisfied the...
JOHNSON, Justice. These consolidated criminal cases are before us on direct appeal pursuant to La. Const. art. V, 5(D). 1 We are called upon to determine whether the district court erred in declaring La. R.S. 15:560 et seq. unconstitutional. For the following reasons, we reverse the ruling of the district court. FACTS AND PROCEDURAL HISTORY Defendants, Bryan Golston, Paul Baker, Calvin Watson, Lloyd Dell, and Reginald Jackson, are soon-to-be-released convicted sex offenders who have...
PER CURIAM. The state charged defendant by bill of information with second degree kidnapping in violation of La.R.S. 14:44.1, after an incident in which defendant confronted his ex-wife in the parking lot of Walgreens drug store located on Terry Parkway in Gretna, Louisiana, where she worked, and forced her into her car while armed with a handgun, drove her into Mississippi and then returned her to Gretna, where she finally escaped. After a trial by jury, the Hon. Hans J. Liljeberg, Judge,...
PER CURIAM. The state charged defendant by bill of information with fourth or subsequent offense of driving while intoxicated in violation of La.R.S. 14:98(E)(4). After trial by jury on December 11, 2008, defendant was found guilty as charged. The trial court sentenced him to 20 years' imprisonment at hard labor without benefit of suspension of sentence, probation, or parole. La.R.S. 14:98(E)(4)(b). On appeal, the Fifth Circuit affirmed defendant's conviction, thereby rejecting his claim that...
WEIMER, Justice. The issue to be resolved is whether it is sufficient to serve only the attorney general or whether it is necessary to also serve other entities/individuals when a tort action is brought against the Department of Transportation and Development. Specifically, this matter is before the court for a determination of whether the plaintiff's request for service and citation within 90 days from the commencement of this tort suit on only the attorney general satisfied the requirements...
WEIMER, Justice. This court granted writs to determine whether respondent's civil service hearing must be nullified because the board that conducted the hearing did not formally vote to deliberate in an executive session closed to the public. Although we in no way condone a failure to vote, because respondent first asserted a claim that the Open Meetings Law was violated some 17 months after the hearing, we find that respondent's claim was barred by the 60-day limitation period of former LSA-R....
KIMBALL, Chief Justice. This case involves a seaman who was injured in the course and scope of his employment with the State of Louisiana. We granted certiorari in this case to determine whether an injured, state-employed seaman in Louisiana can sue the state under the Jones Act (46 U.S.C. 30104 et seq. ) in state court or whether his claim for damages is governed exclusively by the provisions of the Louisiana Workers' Compensation Act ("LWCA") (La. R.S. 23:1032 et seq. ). For the reasons...
KIMBALL, C.J. In this dispute over alleged defects in the construction of a new home, the issue before this Court is whether the construction company's third-party demand against a subcontractor is time-barred. The resolution of this issue depends primarily upon the application of La. R.S. 9:2772, which establishes a peremptive period for actions against residential building contractors. This peremptive period was established originally at ten years, but subsequent amendments have shortened...
