FOR IMMEDIATE
NEWS RELEASE
NEWS RELEASE
# 46
FROM : CLERK
OF SUPREME COURT OF LOUISIANA
The Opinions
handed down on the 30th day of June, 2000
, are as follows:
BY
MARCUS, J. :
1999-C- 3479
C/W 1999-C-3480 C/W 1999-C-3481
ALAN
CACAMO, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED v. LIBERTY MUTUAL FIRE INSURANCE
COMPANY
C/W EDITH POROBIL,
INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY
SITUATED v. ALLSTATE INSURANCE COMPANY
C/W MONIQUE
POIRRIER, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED v.PROGRESSIVE SECURITY INSURANCE
COMPANY (Parish of Orleans)
For the foregoing
reasons, the judgment of the court of appeal is reversed.
The judgment of the trial court denying the exceptions
of venue is reinstated. The matter is remanded to
the trial court for further proceedings consistent
with this opinion. All costs are assessed against
defendants.
CALOGERO, C.J.,
not on panel. Rule IV, Part 2, §3.
BY
LEMMON, J. :
1999-C-
2676 JACK M. EDWARDS v. SAWYER INDUSTRIAL PLASTICS,
INC. ET AL (Office Of Worker's Compensation
District 1 E)
For these reasons,
the judgment of the court of appeal is reversed, and
the judgment of the worker's compensation office is
reinstated and recast to award plaintiff supplemental
earnings benefits for a period of not to exceed 520
weeks, subject to a credit for unemployment compensation
benefits received by plaintiff, and to deny penalties
and attorney's fees. The case is remanded to the trial
court to fix the amount of supplemental earnings benefits
and the amount of the credit for unemployment compensation
benefits.
TRAYLOR, J.,
not on panel. Rule IV, Part 2, §3.
BY
KIMBALL, J. :
1999-CA-
3184 LOUISIANA HOUSEHOLD GOODS, CARRIERS, A DOMESTIC
UNINCORPORATED ASSOCIATION, BY AND THROUGH WILLIAM
D. HATHORN, ITS PRESIDENT; NORTHLAKE MOVING AND STORAGE
INC., INDIVIDUALLY AND AS A MEMBER OF LOUISIANA HOUSEHOLD
GOODS CARRIERS ASSOCIATION; A-1 MOVERS, INC., INDIVIDUALLY
AND AS A MEMBER OF LOUISIANA HOUSEHOLD GOODS CARRIERS
ASSOCIATION; AND HATHORN MOVING AND STORAGE CO. INC.,
INDIVIDUALLY AND AS A MEMBER OF LOUISIANA HOUSEHOLD
GOODS CARRIERS ASSOCIATION v. LOUISIANA PUBLIC SERVICE
COMMISSION (Parish of E. Baton Rouge)
After reviewing
the record of the evidence in this case and the law,
we conclude that the Commission's finding that Pontchartrain
met the burden of showing public necessity and convenience
in its application for a common carrier certificate
authorizing the transportation of household goods
within a 150 mile radius of Covington, Louisiana was
not arbitrary and capricious and is reasonably supported
by the evidence. Thus, the trial court's judgment
is affirmed.
AFFIRMED.
LEMMON, J.,
not on panel. See Rule IV, Part 2, §3.
BY
KNOLL, J. :
2000-CJ-
0948 IN RE: A.J.F. APPLYING FOR PRIVATE ADOPTION (Parish
of Jefferson)
For the foregoing
reasons, the judgment of the court of appeal is reversed
and set aside. The judgment of the juvenile court
is reinstated. This matter is remanded to the juvenile
court for entry of a judgment dissolving the mother's
act of surrender and for purposes of giving her notice
so that she can make a knowing decision regarding
any exercise of parental rights. It is further ordered
that the juvenile court may consider the allocation
of all or part of the medical expenses incurred for
the mother or on her behalf by the prospective adoptive
mother in connection with the birth of the child.
REVERSED AND
REMANDED.
CALOGERO, C.J.,
not on panel; Rule IV, Part 2, §3.
VICTORY,
J., additionally concurs with reasons.
PER
CURIAM :
2000-C-
0078 LEONARD J. BABIN v. WINN-DIXIE LOUISIANA, INC
. (Parish of Lafayette)
For the reasons
assigned, the judgment of the court of appeal is reversed.
The district court's judgment granting summary judgment
in favor of Winn-Dixie, Louisiana, Inc. and dismissing
plaintiff's suit with prejudice is reinstated. All
costs in this court are assessed against plaintiff.
CALOGERO, C.J.,
not on panel, recused. Rule IV, Part II, §3.
JOHNSON,
J., dissents and assigns reasons.
2000-O-
0392 IN RE: JUDGE PAMELA TAYLOR JOHNSON BATON ROUGE
JUVENILE COURT PARISH OF EAST BATON ROUGE STATE OF
LOUISIANA
For the foregoing
reasons, the recommendation of the Judiciary Commission
of Louisiana that Judge Pamela Taylor Johnson be publicly
censured and ordered to pay the costs of these proceedings
is rejected.
RECOMMENDATION
REJECTED.
KIMBALL, J.,
not on panel. Rule IV, Part II, §3.
LEMMON,
J., dissents and assigns reasons.
JOHNSON,
J., additionally concurs and assigns reasons.
VICTORY,
J., dissents and assigns reasons.
TRAYLOR, J.,
dissents for reasons assigned by J.J. Victory and
Lemmon.
1999-B-
3434 IN RE: ALVAREZ T. FERROUILLET, JR.
Upon review
of the findings and recommendation of the hearing
committee and the disciplinary board, and considering
the record, briefs, and oral argument, it is ordered
that Alvarez T. Ferouillet, Jr. be suspended from
the practice of law in Louisiana for a period of three
years, retroactive to the date of his interim suspension.
All costs and expenses in this matter are assessed
against respondent in accordance with Supreme Court
Rule XIX, §10.1, with legal interest to commence
thirty days from the date of finality of this court's
judgment until paid.
MARCUS, J.,
not on panel. Rule IV, Part II, §3.
VICTORY, J.,
dissents and would disbar respondent.
TRAYLOR, J.,
dissents for reasons assigned by Justice Knoll.
KNOLL,
J., dissents and assigns reasons.
2000-C-
0132 ST. BERNARD POLICE JURY & LOUISIANA INSURANCE
GUARANTY ASSOCIATION v. AUGUST D. MURLA (Office
Of Workers' Compensation Dist. #7)
For the reasons
assigned, that portion of the court of appeal's judgment
casting the Louisiana Insurance Guaranty Association
for sanctions in the amount of $3,942.50 is reversed.
TRAYLOR, J.,
not on panel. Rule IV, Part II, Section §3.
JOHNSON,
J., dissents and assigns reasons.
