March 15, 2011 - Opinions - Louisiana Supreme Court

<div>
 <div class="content">
 <div class="bcrumb">
 <ol class="row breadcrumb offprint">
 <li><a href="/">Home</a></li>
 <li><a href="CourtActions/2011">Court Actions</a></li>

<li class="active">
March 15, 2011 
 </li>

</ol>

</div>
 </div>

<div id="mainbodycontent" class="col col-md-12 mainbodycontent" style="margin-top:-10px;"> 
<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 #016</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;15th day of March, 2011, are as follows:&nbsp;BY KIMBALL, C.J.: <a href="/opinions/2011/09KK2352.opn.pdf">2009-KK-2352	STATE OF LOUISIANA v. JOHNNY MORGAN</a>&nbsp;(Parish of E. Baton Rouge) (Possession of Cocaine)Thus, the court of appeal erred in granting the defendant&rsquo;s Motion to Suppress the evidence seized as a result of the investigatory stop. For these reasons, we reverse the judgment of the court of appeal and hold that the officer had reasonable suspicion to conduct an investigatory stop.&nbsp; REVERSED.JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.: <a href="/opinions/2011/10C0105.opn.pdf">2010-C -0105	SHERRY COLEMAN TARANTO, DEAN COLEMAN AND WILLIAM S. COLEMAN, JR. v. LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION D/B/A LOUISIANA CITIZENS COASTAL PLAN</a>&nbsp;(Parish of Orleans)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the foregoing reasons, we conclude that filing of a lawsuit designated as a class action pursuant to LSA-C.C.P.art. 591, suspends prescription for all members of the putative class until the district court has ruled on the motion to certify the class. When notice is given, pursuant to LSA-C.C.P.art. 596, the suspended prescription period begins to run again. Thus, we affirm the ruling of the court of appeal. AFFIRMEDVICTORY, J., dissents and assigns reasons.&nbsp; KNOLL, J., additionally concurs and assigns reasons. WEIMER, J., concurs and assigns reasons. GUIDRY, J., dissents and assigns reasons. CLARK, J., concurs for reasons assigned by Weimer, J.&nbsp;<a href="/opinions/2011/10C0810%20CW%2010C0811.opn.pdf">2010-C -0810 C/W	2010-C -0811 ROBIN L. WEGENER, WIFE OF AND HILDRITH WEGENER, III v. LAFAYETTE INSURANCE COMPANY</a>&nbsp;(Parish of Orleans) Considering these errors, as well as the erroneous exclusion of evidence, we vacate the jury&rsquo;s verdict and judgments of the lower courts, and remand the matter to the trial court for a new trial. VACATED AND REMANDED FOR NEW TRIAL.VICTORY, J., dissenting in part and concurring in part. GUIDRY, J., concurs.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2011/10C1372.opn.pdf">2010-C -1372	FIA CARD SERVICES, N.A. v. WILLIAM F. WEAVER</a>&nbsp;(Parish of E. Baton Rouge)For the foregoing reasons, the court of appeal&rsquo;s judgment confirming the NAF arbitral award is reversed and vacated, and judgment on the petition to confirm is entered in favor of defendant William Weaver.&nbsp; REVERSED AND RENDERED.GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2011/10K0581.opn.pdf">2010-K -0581	STATE OF LOUISIANA v. MICHAEL PETITTO</a>&nbsp;(Parish of Tangipahoa) (Malfeasance In Office)The rulings of the lower courts are reversed, and this case is remanded to the district court for further proceeding consistent with this opinion. REVERSED AND REMANDED.KIMBALL, C.J., concurs and assigns reasons.&nbsp; JOHNSON, J., dissents for reasons assigned by Knoll, J.&nbsp; KNOLL, J., dissents and assigns reasons. GUIDRY, J., concurs in the result and assigns reasons. CLARK, J., dissents for reasons assigned by Knoll, J.&nbsp;&nbsp;<a href="/opinions/2011/10C1598.opn.pdf">2010-C -1598	J-W POWER COMPANY v. STATE OF LOUISIANA THROUGH THE DEPARTMENT OF REVENUE &amp; TAXATION</a>&nbsp;(Parish of E. Baton Rouge)Accordingly, the exception of no right of action was properly overruled by the court of appeal. The decision of the appellate court is affirmed. AFFIRMED.GUIDRY, J., dissents and assigns reasons. CLARK, J., dissents for reasons assigned by Guidry, J.&nbsp;&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2011/10C0826.opn.pdf">2010-C -0826	KEVIN AND CORLISS STENSON, ET AL. v. CITY OF OBERLIN, ET AL.</a>&nbsp;(Parish of Allen)Accordingly, we reverse the judgment of the court of appeal and reinstate the ruling of the trial court sustaining the defendant&rsquo;s peremptory exception of prescription. Furthermore, we remand the case to the trial court, which is directed to allow the plaintiffs the opportunity to amend their petition to remove the grounds of the defendant&rsquo;s peremptory exception of prescription. See La. Code Civ. Proc. art. 934. REVERSED; DISTRICT COURT JUDGMENT REINSTATED; REMANDED.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2011/10C0070.opn.pdf">2010-C -0070	CITY OF DEQUINCY v. RANDY JAMES HENRY</a>Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the foregoing reasons, we reverse the rulings of the courts below and render judgment.&nbsp; REVERSED AND RENDERED.&nbsp;<a href="/opinions/2011/10C1342.opn.pdf">2010-C -1342 JOHN E. LAND, III, ET AL. v. DENNIS J. VIDRINE</a>&nbsp;(Parish of Lafayette)For the reasons stated herein, the case is remanded to the Fifteenth Judicial District Court in Lafayette Parish to determine whether, based on the record before it, East Baton Rouge was a parish of proper venue for purposes of La. R.S. 9:5605 only.&nbsp; REMANDED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2011/10KK1514.opn.pdf">2010-KK-1514	STATE OF LOUISIANA v. JAMES DERON WILLIAMS</a>&nbsp;(Parish of Sabine) (False Swearing)To this extent, resolving the split in the circuits over this question, we reverse the decision below and remand the case to the court of appeal to address the defendant's other assignments of error.&nbsp; COURT OF APPEAL DECISION REVERSED; CASE REMANDEDJOHNSON, J., dissents.&nbsp;<a href="/opinions/2011/10C1559.opn.pdf">2010-C -1559	ROLAND TOUPS, INDIVIDUALLY AND ON BEHALF OF THRIFTY LIQUOR-15 v. CITY OF SHREVEPORT</a>&nbsp;(Parish of Caddo)For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court is reinstated.&nbsp;<a href="/opinions/2011/10C1683.opn.pdf">2010-C -1683	JEANINE PRYOR v. IBERIA PARISH SCHOOL BOARD</a>&nbsp;(Parish of Iberia)For the reasons assigned, the judgment of the court of appeal reversing the district court&rsquo;s judgment is reversed. The district court&rsquo;s judgment dismissing plaintiff&rsquo;s suit with prejudice is reinstated.KIMBALL, C.J., concurs and assigns reasons. JOHNSON, J., dissents. KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2011/10B2109.opn.pdf">2010-B -2109	IN RE: DAVID M. NEWELL</a>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 David M. Newell, Louisiana Bar Roll number 1107, be and he hereby is suspended from the practice of law for one year and one day. It is further ordered that all but six months of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on supervised probation for two years governed by the conditions set forth in this opinion. Any misconduct by respondent during the probationary period may be grounds for making the deferred portion of the 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&rsquo;s judgment until paid.&nbsp;<a href="/opinions/2011/10B2124.opn.pdf">2010-B -2124	IN RE: DENNIS R. WHALEN</a>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 the formal charges against respondent, Dennis R. Whalen, be and hereby are dismissed.&nbsp;<a href="/opinions/2011/10B2450.opn.pdf">2010-B -2450	IN RE: DARYL GOLD</a>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 Daryl Gold, Louisiana Bar Roll number 6083, be and he hereby is suspended from the practice of law for two years. It is further ordered that all but six months of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on unsupervised probation for two years. Any misconduct by respondent during the probationary period may be grounds for making the deferred portion of the 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&rsquo;s judgment until paid.&nbsp;
 </div>

</div>