IMMEDIATE NEWS RELEASE
FROM: CLERK OF
SUPREME COURT OF LOUISIANA
handed down on the 25th day of May, 2001
, are as follows:
LEMMON, J. :
1921 C/W 2000-C- 2041 NEW ORLEANS FIREFIGHTERS LOCAL
632, ET AL. v. CITY OF NEW ORLEANS, ET AL. (Parish
For these reasons,
the summary judgments of the lower courts are reversed
as to back pay and future pay that were held to be forfeited
by operation of Commission Rule VIII, §1.2, and
that portion of the motion for summary judgment is denied.
In all other respects, the summary judgments of the
lower courts are affirmed.
T. Lemmon, retired, particpated in the decision which
was argued prior to his retirement.
Judge Anne Lennan
Simon sitting as Justice Ad Hoc for Associate Justice
Bernette J. Johnson, recused.
CIACCIO, J., Pro Tempore :
2643 IN RE: MEDICAL REVIEW PANEL FOR THE CLAIM OF MARIA
MOSES (Parish of E. Baton Rouge)
For the foregoing
reasons, the judgment of the court of appeal is reversed
and the judgment of the trial court sustaining the exception
of prescription and, as a result, dissolving the medical
review panel proceeding pursuant to La. Rev. Stat. 40:1299.39.1B(2)(b),
Justice Pro Tempore, sitting for Associate Justice Harry
GENE DAUZAT, ET AL. v. EAST BATON ROUGE PARISH METROPOLITAN
COUNCIL (Parish of E. Baton Rouge)
For the reasons
assigned, the judgment of the district court is vacated
and set aside, insofar as it declares La. R.S. 13:4521,13:4581,
and 13:5105(D) unconstitutional. The pending appeal
in this court is dismissed as moot, and the case is
remanded to the district court for further proceedings.
Robert L. Lobrano
participated in this decision as Associate Justice Pro
1838 STATE OF LOUISIANA v. DARIEL SMITH, ET AL.
(Parish of Orleans) (Possession of Marijuana)
on remand the magistrate is to determine, in light of
the Supreme Court's decision in J.L., whether the initial
seizure of the vehicle by officer Jackson was legal
and, if not, whether the police came at their evidence,
including the two marijuana cigarettes discarded by
Payton and Cummings and respondent's statement to Jackson,
by exploiting that primary illegality or by a means
sufficiently independent to be purged of the primary
97-1133 at 12 , 720 So.2d at 1186.
Robert L. Lobrano, assigned as Justice Pro Tempore,
participating in the decision; Judge Felicia Toney Williams,
of the Second Circuit Court of Appeal, assigned as Justice
Pro Tempore, sitting for Associate Justice Bernette
0466 J. D. CROOKS, ET AL. v. METROPOLITAN LIFE INSURANCE
CO., ET AL. (Parish of Rapides)
For the reasons
assigned, the judgment of the court of appeal is vacated
and set aside. This case is remanded to the district
court for further proceedings consistent with this opinion.
Robert L. Lobrano participated in this decision as Associate
Justice Pro Tempore.