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 1998 News Releases

News Release #045

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 045


FROM: CLERK OF SUPREME COURT OF LOUISIANA


The opinions handed down on the 19th day of May, 1998 , are as follows:


BY MARCUS, J. :

97-KA- 0641 STATE OF LOUISIANA v. FREDRICK DOMNE GRADLEY (Parish of Rapides) (First Degree Murder)

For the reasons assigned, defendant's conviction and death sentence for the murder of Rita Rabalais are affirmed for all purposes except that this judgment shall not serve as a condition precedent to execution as provided by La. R.S. 15:567 until (a) defendant fails to petition the United States Supreme Court timely for certiorari; (b) that court denies his petition for certiorari; (c) having filed for and been denied certiorari, defendant fails to petition the United States Supreme Court timely, under their prevailing rules, for applying for rehearing of denial of certiorari; or (d) that court denies his application for rehearing.

JOHNSON, J. - not on panel. Rule IV, Part 2, §3.

BY LEMMON, J. :

97-CA- 1367 LOUISIANA SEAFOOD MANAGEMENT COUNCIL, ET AL v. LOUISIANA WILDLIFE AND FISHERIES COMMISSION, ET AL (Parish of East Baton Rouge)

Accordingly, the judgment of the trial court declaring La. Rev. Stat. 56:13.1 and La. Rev. Stat. 56:305B(14)(a) unconstitutional and permanently enjoining the enforcement of those provisions is reversed.

KIMBALL, J. - not on panel, recused. Rule IV, Part 2, §3.

BY KIMBALL, J. :

97-C - 2412 RONALD S. RUIZ v. FRANK J. ONIATE, JR. C/W FRANK J. ONIATE, JR. v. LANZIO MAGEE AND BOH BROS CONSTRUCTION COMPANY, INC. C/W FRANK ONIATE, JR. v. ST. JUDE MEDICAL CENTER, INC. C/W FRANK J. ONIATE, JR. v. MAHORNER CLINIC, ET AL (Parish of Orleans)

For the reasons assigned, we reverse the court of appeal's finding that only employees with written employment contracts are covered "persons" under the MLSSA. With respect to all other arguments raised in Charity's application for certiorari, the writ is recalled and denied. We remand to the trial court for further proceedings consistent with this opinion.

JOHNSON, J. - not on panel. Rule IV, Part 2, §3.

BY VICTORY, J. :

97-CC- 2005 EARL J. ADAMS, JR., ET AL v. J. E. MERIT CONSTRUCTION, INC., ET AL (Parish of Plaquemines)

For the reasons stated herein, the judgments of the trial court and court of appeal denying JE Merit's Motion for Partial Summary Judgment are reversed and judgment is entered granting JE Merit's Motion for Partial Summary Judgment. JE Merit's Motion for Protective Order is remanded to the trial court for reconsideration in light of this opinion.

REVERSED AND REMANDED.

KIMBALL, J. - not on panel. Rule IV, Part 2, §3.

CALOGERO, C.J. - concurs in part, dissents in part and assigns reasons .

LEMMON, J. - concurs and assigns reasons.

JOHNSON, J. - concurs in result.

KNOLL, J. - concurs with reasons.

98-CA- 0056 PERFUSION SERVICES OF BAXTER HEALTHCARE CORPORATION AND MR. PAUL WEBB v. HONORABLE MURPHY J. FOSTER, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF LOUISIANA, ET AL (Parish of East Baton Rouge)

For the reasons stated herein, the trial court's finding of unconstitutionality and granting of a preliminary injunction is reversed. The trial court's further grant of a one-year preliminary injunction is also reversed. The matter is remanded to the trial court for further proceedings. REVERSED AND REMANDED.

CALOGERO, C.J. - not on panel. Rule IV, Part 2, §3.

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