| FOR
IMMEDIATE NEWS RELEASE
NEWS RELEASE
# 26
FROM : CLERK
OF SUPREME COURT OF LOUISIANA
The Opinions
handed down on the 23th day of March, 2001
, are as follows:
BY
KIMBALL, J. :
2000-C-
1372 c/w 2000-C- 1387 c/w 2000-C- 1440
DON
PERKINS, ET AL. v. ENTERGY CORPORATION , ET AL.
C/W JOSEPH BUJOL, III ET AL. v. ENTERGY CORPORATION,
ET AL. C/W ROBERT HRACEK, C/W ET AL. v. ENTERGY CORPORATION,
ET AL. (Parish of Iberville)
While we, too,
sympathize with the plaintiffs, we agree with the court
of appeal that the record does not include a reasonable
factual basis for the trial court's finding that the
electrical fault was a cause-in-fact of the plaintiffs'
injuries. We further agree that the trial court was
clearly wrong in concluding that the plaintiffs established
their cause-in-fact case by a preponderance of the evidence.
Because there is no factual causation in this case,
our inquiry is over. Therefore, the judgment of the
court of appeal is affirmed.
James C. Gulotta,
Justice Pro Tempore, sitting for Associate Justice Harry
T. Lemmon.
JOHNSON,
J., dissents and assigns reasons .
KNOLL,
J., dissents and assigns reasons.
BY
VICTORY, J. :
2000-CC-
1750 CHRISTA DUPLANTIS v. LOUISIANA BOARD OF ETHICS
(Louisiana Board
of Ethics)
C/W
2000-CC- 1956
BREAZEALE, SACHSE, & WILSON, L.L.P.
(Louisiana Board
of Ethics)
For the reasons
stated above, in Duplantis v. Louisiana Board of Ethics,
we vacate the ruling of the First Circuit in 00-293
(La. App. 1 Cir. 5/18/00) which reversed the Board's
advisory opinion. In Breazeale, Sachse, & Wilson,
L.L.P. v. Louisiana Board of Ethics, we affirm the judgment
of the First Circuit denying the writ, but on different
grounds. The writ should have been denied because the
First Circuit lacked jurisdiction to review advisory
opinions of the Board.
Duplantis
v. Louisiana Board of Ethics , 00-1750---VACATED;
Breazeale,
Sachse, & Wilson , 00-1956---AFFIRMED.
CALOGERO,
C.J., dissents and assigns reasons.
LEMMON, J., concurs
and will assign reasons.
KNOLL,
J., dissents and assigns reasons. |
