June 30, 2000 - Opinions - Louisiana Supreme Court

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<table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #046</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;30th day of June, 2000, are as follows:&nbsp; &nbsp;BY MARCUS, J.&nbsp;:<a href="/opinions/2000/99c3479.opn.pdf">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</a> (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, &sect;3.&nbsp; &nbsp;&nbsp;BY LEMMON, J.&nbsp;:<a href="/opinions/2000/99c2676.opn.pdf">1999-C- 2676 JACK M. EDWARDS v. SAWYER INDUSTRIAL PLASTICS, INC. ET AL&nbsp;</a>&nbsp; (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, &sect;3.&nbsp; &nbsp;&nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2000/99ca3184.opn.pdf">1999-CA- 3184 LOUISIANA HOUSEHOLD GOODS, CARRIERS, A DOMESTIC UNINCORPORATED ASSOCIATION,&nbsp;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</a> (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, &sect;3.&nbsp; &nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2000/00cj0948.opn.pdf">2000-CJ- 0948 IN RE: A.J.F. APPLYING FOR PRIVATE ADOPTION&nbsp;</a>(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, &sect;3. <a href="/opinions/2000/00cj0948.jpv.pdf">VICTORY, J., additionally concurs with reasons.</a>&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/00c0078.pc.pdf">2000-C- 0078 LEONARD J. BABIN v. WINN-DIXIE LOUISIANA, INC&nbsp;</a>. (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, &sect;3. <a href="/opinions/2000/00c0078.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2000/00o0392.pc.pdf">2000-O- 0392 IN RE: JUDGE PAMELA TAYLOR JOHNSON BATON ROUGE JUVENILE COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA </a>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, &sect;3. <a href="/opinions/2000/00o0392.htl.pdf">LEMMON, J., dissents and assigns reasons. </a><a href="/opinions/2000/00o0392.bjj.pdf">JOHNSON, J., additionally concurs and assigns reasons. </a><a href="/opinions/2000/00o0392.jpv.pdf">VICTORY, J., dissents and assigns reasons. </a>TRAYLOR, J., dissents for reasons assigned by J.J. Victory and Lemmon.&nbsp;<a href="/opinions/2000/99b3434.pc.pdf">1999-B- 3434 IN RE: ALVAREZ T. FERROUILLET, JR. </a>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, &sect;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, &sect;3. VICTORY, J., dissents and would disbar respondent. TRAYLOR, J., dissents for reasons assigned by Justice Knoll. <a href="/opinions/2000/99b3434.jtk.pdf">KNOLL, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2000/00c0132.pc.pdf">2000-C- 0132 ST. BERNARD POLICE JURY &amp; LOUISIANA INSURANCE GUARANTY ASSOCIATION v. AUGUST D. MURLA&nbsp;</a>(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 &sect;3. <a href="/opinions/2000/00c0132.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;&nbsp;</div>
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