FOR IMMEDIATE NEWS RELEASE
NEWS RELEASE # 055
FROM: CLERK OF THE SUPREME COURT OF LOUISIANA
The Opinions handed down on the 8th day
of September, 2008, are as follows:
BY CALOGERO, C.J.:
-2469 CHEVRON U.S.A. INC. v. STATE OF LOUISIANA, ET
AL. (Parish of Plaquemines)
Retired Judge Lemmie O. Hightower, sitting ad hoc
for Kimball, J., recused.
For the above and foregoing reasons, the court of
appeal judgment affirming the district court's decision
to grant summary judgment in favor of Chevron and
PPG on the basis of res judicata is reversed. Application
of res judicata to this case is inappropriate because
this case does not arise out of the same "transaction
or occurrence" as the Tract 87 litigation. We
further find that Chevron and PPG have not otherwise
proven that they are entitled to summary judgment
because they have failed to show that no genuine issues
of material fact remain and that they are entitled
to judgment as a matter of law. The case is remanded
to the district court for further proceedings consistent
with this decision.
REVERSED AND REMANDED.
TRAYLOR, J., dissents for reasons assigned by Weimer,
KNOLL, J., dissents for reasons assigned by Justice
WEIMER, J., dissents and assigns reasons.
-0021 GARY L. MILLER v. CONAGRA, INC. (Parish
Retired Judge Thomas C. Wicker, Jr., sitting ad
hoc for Weimer, J., recused.
AFFIRMED IN PART, REVERSED IN PART, VACATED IN PART.