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 2010 News Releases

News Release #020

 

 

FOR IMMEDIATE NEWS RELEASE
NEWS RELEASE #20
   
FROM: CLERK OF SUPREME COURT OF LOUISIANA  

 

The Opinions handed down on the 16th day of March, 2010, are as follows:

 

BY KIMBALL, C.J.:

2009-CA-1988 TRANSCONTINENTAL GAS PIPELINE CORPORATION, ET AL. v. LOUISIANA TAX COMMISSION, FRANK GRANGER, III, IN HIS OFFICIAL CAPACITY AS THE ASSESSOR OF EAST BATON ROUGE PARISH; (Parish of E. Baton Rouge)

C/W

2009-CA-1989 FLORIDA GAS TRANSMISSION COMPANY v. LOUISIANA TAX COMMISSION, ET AL. AND ALL OTHER CONSOLIDATED CASES (Parish of E. Baton Rouge)

C/W

2009-CA-1990 CENTERPOINT ENERGY TRANSMISSION COMPANY F/K/A RELIANT ENERGY GAS TRANSMISSION v. LOUISIANA TAX COMMISSION, ET AL. AND ALL OTHER CONSOLIDATED CASES (Parish of E. Baton Rouge)

C/W

2009-CA-1991 CENTERPOINT ENERGY MISSISSIPPI RIVER TRANSMISSION CORPORATION F/K/A MISSISSIPPI RIVER TRANSMISSION CORPORATION v. LOUISIANA TAX COMMISSION, ET AL. AND ALL OTHER CONSOLIDATED CASES (Parish of E. Baton Rouge)

C/W

2009-CA-1992 FLORIDA GAS TRANSMISSION COMPANY v. LOUISIANA TAX COMMISSION, ET AL. AND ALL OTHER CONSOLIDATED CASES (Parish of E. Baton Rouge)

For the reasons set forth above, the court of appeal’s decision affirming the district court’s grant of partial summary judgment finding the Louisiana ad valorem tax scheme’s assessment rates violate the Commerce Clause and granting the plaintiffs a remedy is hereby reversed. We also reverse the court of appeal’s decision declaring La. R.S. 47:1851(K) and the inclusion of “pipeline company” in La. R.S. 47:1851(M) unconstitutional. This case is remanded to the trial court for further proceedings not inconsistent with this opinion.
REVERSED AND REMANDED.

JOHNSON, J., dissents and assigns reasons.

BY KNOLL, J.:

2009-C -0572 VERA M. RAINEY v. ENTERGY GULF STATES, INC. AND MIKE CASE (Parish of Iberville)

Kimball, C.J., participated in oral argument but did not participate in the deliberation of this opinion. Retired Judge Thomas C. Wicker, Jr., assigned as Justice ad hoc, sitting for Justice John L. Weimer, recused. Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.

For the foregoing reasons, we affirm the judgment of the Court of Appeal.
AFFIRMED.

 

2009-KK-1178 STATE OF LOUISIANA v. AARON BERNARD (Parish of E. Baton Rouge)

Kimball, C.J., did not participate in the deliberation of this opinion.

For the foregoing reasons, the judgment of the lower courts are reversed, vacated, and set aside; the motion to suppress is denied. This matter is remanded to the district court for further proceedings consistent with the views expressed herein. REVERSED AND REMANDED.

JOHNSON, J., concurs and assigns reasons.
GUIDRY, J., concurs with reasons.

 

2009-C -1869 SHANNON MENARD ET AL. v. LAFAYETTE INSURANCE COMPANY ET AL. (Parish of Lafayette)

Kimball, C.J., participated in oral argument but did not participate in the deliberation of this opinion.

For the foregoing reasons, the judgment of the Court of Appeal is reversed and the district court’s judgment entered in conformity with jury’s verdict is reinstated and rendered.
REVERSED; DISTRICT COURT JUDGMENT REINSTATED AND RENDERED.

WEIMER, J., concurs and assigns reasons.

 

BY WEIMER, J.:

2009-C -1408 C/W 2009-C -1428 BRIAN SHANE BREWER v. J. B. HUNT TRANSPORT, INC. AND ROBERT E. JACKSON (Parish of Livingston)

Kimball, C. J., did not participate in the deliberation of this opinion.

For the foregoing reasons, we affirm the decision of the court of appeal insofar as it finds both plaintiff, Brewer, and defendants, Jackson and Hunt, at fault with regard to the accident at issue. However, we reverse regarding the percentages of fault of the parties. Brewer is determined to be 70 percent at fault and Jackson and Hunt are 30 percent at fault. In all other respects, the judgment of the court of appeal is affirmed. The case is remanded to the district court to confect an appropriate monetary judgment based upon the fault percentages and the gross damages awarded.
REVERSED IN PART; AFFIRMED IN PART; REMANDED.

VICTORY, J., dissents and assigns reasons.
GUIDRY, J., concurs in part, dissents in part, and assigns reasons.

 

 

BY GUIDRY, J.:

2009-C -1629 EXXONMOBIL PIPELINE COMPANY v. UNION PACIFIC RAILROAD COMPANY (Parish of Iberville)

Kimball, C.J., participated in oral argument but did not participate in the deliberation of this opinion.

For the reasons set forth above, we find in favor of ExxonMobil that it has the right to expropriate a permanent right of way across Union Pacific’s property. Accordingly, we reverse the rulings of the district court and the court of appeal, and remand the matter to the district court for further proceedings involving the determination of any limitations or ancillary rights and the amount of just compensation.
REVERSED AND REMANDED.

KNOLL, J., dissents and assigns reasons.
WEIMER, J., concurs in the result.

 

2009-KK-1727 STATE OF LOUISIANA v. TREY DANIEL ELLIOTT (Parish of Bossier)

Kimball, C.J., did not participate in the deliberation of this opinion.

For the reasons stated herein, the trial court's ruling on the motion to suppress is reversed. The case is remanded to the district court for further proceedings consistent with the views expressed herein.
DISTRICT COURT JUDGMENT REVERSED; CASE REMANDED TO THE DISTRICT COURT.

 

BY CLARK, J.:

2009-CC-1152 PROPERTY INSURANCE ASSOCIATION OF LOUISIANA v. STEVE J. THERIOT, IN HIS OFFICIAL CAPACITY AS LEGISLATIVE AUDITOR FOR THE STATE OF LOUISIANA (Parish of E. Baton Rouge)

Kimball, C.J., did not participate in the deliberation of this opinion.

For the foregoing reasons, we reverse the rulings of the courts below to the extent that the motion for summary judgment of Steve J. Theriot, in his capacity as the Legislative Auditor for the State of Louisiana, was granted and the motion for summary judgment of Property Insurance Association of Louisiana was denied, and render judgment granting summary judgment in favor of Property Insurance Association of Louisiana.
REVERSED AND RENDERED.

 

2009-KK-1835 STATE OF LOUISIANA v. GRAYLIN SURTAIN (Parish of Orleans)

Kimball, C. J., did not participate in the deliberation of this opinion.

For the foregoing reasons, the ruling of the district court granting the defendant’s motion to suppress, and the affirmation of that ruling by the court of appeal, is reversed. The motion to suppress is denied and this matter is remanded to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED.

JOHNSON, J., dissents.

 

 

PER CURIAM:

2009-K -0328 STATE OF LOUISIANA v. MIKE ALVAREZ (Parish of Jefferson)

Kimball, C.J., did not participate in the deliberation of this opinion. Retired Judge Philip Ciaccio sitting ad hoc for Guidry, J., recused.

Accordingly, the trial court properly denied defendant's motion to suppress and the court of appeal erred in setting aside that ruling. The judgment of the trial court on the motion to suppress is therefore reinstated and this case is remanded to the court of appeal for further consideration.

 

2009-B -1849 IN RE: CALVIN LESTER

Kimball, C. J., did not participate in the deliberation of this opinion.

Upon review of the findings and recommendations of the hearing committees and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Calvin Lester, Louisiana Bar Roll number 25141, be and he hereby is disbarred, retroactive to December 5, 2007, the date of his interim suspension. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. It is further ordered that respondent make full restitution to Bernadine Gibbs and Michael Sawyer. All costs and expenses in the 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.

 

2009-B -2202 IN RE: KARL GUILBEAU

Kimball, C. J., did not participate in the deliberation of this opinion.

Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Karl J. Guilbeau, Louisiana Bar Roll number 20558, be and he hereby is publicly reprimanded. All costs and expenses in the 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.

 

 

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