Louisiana Supreme Court - 400 Royal St., New Orleans, LA 70130 | Tel: 504-310-2300 Hon. Bernette J. Johnson. Chief Justice.  John Tarlton Olivier., Clerk of Court.  Sandra A. Vujnovich. Judicial Administrator
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1999 News Releases

News Release #060

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 060

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 2nd day of July, 1999 , are as follows:

BY CALOGERO, C.J. :

98-CC- 2932 MARIA E. PALACIOS, INDIVIDUALLY AND ON BEHALF OF HER MINOR CHILDREN, JENNY GARCIA, JOSE GARCIA, CYNTHIA PALACIOS, AND JENNY PALACIOS v. LOUISIANA AND DELTA RAILROAD INC., ET AL (Parish of Iberia)

For the foregoing reasons, we find that the trial court was correct in denying plaintiff's motion to compel discovery and in finding the sought information privileged under 23 U.S.C. Section 409. The judgment of the court of appeal is therefore reversed. The case is remanded to the district court for further consideration in keeping with the views expressed herein.

REVERSED and REMANDED TO THE DISTRICT COURT.

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

BY MARCUS, J.:

98-C - 0551 MAJOR BANKS, CHRISTOPHER EDWARDS, ET AL v. NEW YORK LIFE INSURANCE CO., ET AL (Parish of Pointe Coupee)

ON REHEARING

For the reasons assigned, the judgment of the court of appeal is affirmed. The case is remanded to the trial court for futher proceedings consistent with the views expressed herein. All costs are assessed against plaintiffs.

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

VICTORY J. - recused. Judge Marc T. Amy, Court of Appeal, Third Circuit, sitting by assignment in place of Justice Jeffrey P. Victory.

CALOGERO, C.J. - dissents and assigns reasons.

JOHNSON, J. - dissents for the reasons originally assigned.

AMY, J. ad hoc - dissents.

BY JOHNSON, J. :

98-CA- 2627 C. H. JENKINS v. ST. TAMMANY PARISH POLICE JURY (Parish of St. Tammany)

Therefore, we affirm the court of appeal's order that the St. Tammany Parish Police Jury grant approval of the conditional use permit to Jenkins.

ORDER AFFIRMED.

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

BY TRAYLOR, J. :

98-CK- 2752 STATE OF LOUISIANA IN THE INTEREST OF A.M. AND T.K. (Parish of Orleans)

Accordingly, we remand to the juvenile court for correction of the illegal lenient disposition originally imposed.

REVERSED, REMANDED.

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

BY KNOLL, J. :

97-KA- 1797 STATE OF LOUISIANA v. CEDRIC D. EDWARDS (Parish of Caddo)

(First Degree Murder)

For the reasons assigned, the defendant's conviction and sentence 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) the 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, the defendant fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (d) that Court denies his application for rehearing. AFFIRMED.

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

LEMMON, J. - concurs and assigns reasons.

PER CURIAM :

98-C - 2063 NATIONAL INCOME REALTY TRUST v. CECILIA S. PADDIE (Parish of East Baton Rouge)

For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the trial court dismissing the nullity action filed by National Income Realty Trust is reinstated. All costs in this court are assessed against National Income Realty Trust.

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


98-C - 2431 SANDRA M. LUDWIG AND WALTER A. LUDWIG v. JEFFERSON PERFORMING ARTS SOCIETY (Parish of Jefferson)

For the reasons assigned, the judgment of the court of appeal is reversed. Judgment is hereby rendered in favor of plaintiffs, Sandra M. Ludwig and Walter A. Ludwig, and against defendant, Jefferson Performing Art Society. Fault is allocated in the amount of twenty percent to plaintiffs and eighty percent to defendant. The case is remanded to the court of appeal for a determination of damages based on the record, with briefing and argument by the parties on that issue. All costs in this court are assessed to defendant.

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

KNOLL, J. - dissents in part. In my view the defendant is 100% at fault.

99-B - 0522 IN RE: WALTER J. CUDZIK

(DISCIPLINARY PROCEEDINGS)

Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs and oral argument, it is the decision of the court that respondent, Walter J. Cudzik, be suspended from the practice of law for a period of three years. All costs and expenses in this matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1.

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

CALOGERO, C.J. - concurs and assigns reasons.

KIMBALL, J. - dissents and assigns reasons.

VICTORY, J. - dissents and would disbar respondent.

TRAYLOR, J. - dissents and would disbar respondent.

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