May 17, 2006 - Opinions - Louisiana Supreme Court

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<table cellpadding="5" cellspacing="0" 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 #027</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;The Opinions handed down on the&nbsp;17th day of May, 2006, are as follows: &nbsp;BY KIMBALL, J.: <a href="/opinions/2006/05CC0886.opn.pdf">2005-CC-0886 MILDRED FAY JONES SANDERS BONIN, ET AL. v. WESTPORT INSURANCE&nbsp;</a>CORPORATION, ET AL. (Parish of St. Mary) For all the above reasons, we find that plaintiffs are excluded from asserting a claim against Westport under the terms of the policy. Therefore, the district court's denial of summary judgment is reversed and summary judgment is hereby granted in favor of defendant. REVERSED. JOHNSON, J., concurs. &nbsp;&nbsp;PER CURIAM: <a href="/opinions/2006/05OB1006.opn.pdf">2005-OB-1006 IN RE: MARK W. ROGERS</a> (Committee on Bar Admissions) After reviewing the evidence and considering the law, we concludepetitioner is eligible to be conditionally admitted to the practice oflaw in Louisiana, subject to a probationary period of five years. Theprobationary period may be extended upon recommendation of the Executive Director of the Lawyers Assistance Program. During the probationary period, petitioner shall comply with all of the terms and conditions of the contract executed by him with the Lawyers Assistance Program, and such other conditions as may be imposed upon him by the Executive Director of the Lawyers Assistance Program. Should petitioner fail to make a good faith effort to satisfy these conditions, or should he commit any misconduct during the period of probation, his conditional right to practice may be terminated or he may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement. CONDITIONAL ADMISSION GRANTED. JOHNSON, J., concurs. VICTORY, J., dissents. TRAYLOR, J., dissents for reasons assigned by Weimer, J. WEIMER, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2006/05OB1116.opn.pdf">2005-OB-1116 IN RE: J. ERIC KIRKLAND</a> (Committee on Bar Admissions) Accordingly, it is ordered that the application for admission be and hereby is denied. &nbsp;<a href="/opinions/2006/05B1553.opn.pdf">2005-B -1553 IN RE: GEORGE E. DOWNING</a> (Disciplinary Proceedings) 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 George E. Downing, Louisiana Bar Roll number 18589, be suspended from the practice of law for a period of three months. It is further ordered that the suspension shall bedeferred in its entirety and respondent shall be placed on unsupervisedprobation for three months, subject to the condition that any misconduct during this period may be grounds for making the deferred suspension executory, or imposing additional discipline, as appropriate. All costs and expenses in the 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. JOHNSON, J., dissents and assigns reasons. KNOLL, J., concurs in part and dissents in part with reasons. WEIMER, J., concurs with reasons. <a href="/opinions/2006/06B0005.opn.pdf"></a><a href="/opinions/2006/06B0005.opn.pdf">2006-B -0005 IN RE: PRESSLEY C. CALAHAN</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearingcommittees and disciplinary board, and considering the record, briefs,and oral argument, it is ordered that Pressley Charles Calahan, Louisiana Bar Roll number 20057, be and he hereby is disbarred. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. All costs andexpenses in the 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&rsquo;s judgment until paid.&nbsp;&nbsp;&nbsp;
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