October 25, 2011 - 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 #069</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;25th day of October, 2011, are as follows:&nbsp;BY KIMBALL, C.J.:<a href="/opinions/2011/11KA0009.opn.pdf">2011-KA-0009 STATE OF LOUISIANA v. LARRY ROCHON</a>&nbsp;(Parish of Orleans)The district court erred in finding article 496 is unconstitutional. For these reasons, we reverse the judgment of the district court and hold article 496 is constitutional under the narrow construction that an arrest warrant may issue pursuant to article 496 only if an accompanying affidavit establishes probable cause for the arrest.&nbsp; REVERSED.JOHNSON, J., dissents and will assign reasons.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2011/11C0084.opn.pdf">2011-C -0084 GINGER HINCH DURIO v. HORACE MANN INSURANCE COMPANY, ET AL.</a>&nbsp;(Parish of Calcasieu)For the above reasons, we hold that the lower courts erred in calculating La. R.S. 22:1220 penalties based on contractual amounts due under the insurance contract. Such penalties are properly calculated by doubling the amount of damages sustained as a result of the insurer&rsquo;s breach of its duties under the statute. Applying the proper statutory interpretation to the facts of this case, we amend the trial court&rsquo;s judgment to reflect the correct award of penalties totaling $334,666.00. We also hold the lower courts erred in applying the amended version of La. R.S. 22:658, thereby allowing attorney fees to be awarded. Thus, we reverse the lower courts&rsquo; rulings on this issue, and vacate the award of attorney fees. In all other respects, the rulings of the lower courts are affirmed. AFFIRMED IN PART; REVERSED IN PART; AMENDED IN PART.VICTORY, J., additionally concurs in part. KNOLL, J., concurs in part and dissents in part with assigned reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2011/11O0714.opn.pdf">2011-O -0714 IN RE: JUSTICE OF THE PEACE TINA REVETTE LAGRANGE, DISTRICT 6, PARISH OF ST. LANDRY, STATE OF LOUISIANA</a>&nbsp;(Parish of St. Landry)Accordingly, it is ordered that Justice of the Peace La Grange pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $500.00, no later than thirty days from the finality of this judgment.&nbsp;<a href="/opinions/2011/11O0715.opn.pdf">2011-O -0715 IN RE: JUSTICE OF THE PEACE DAVID E. COOK, WARD 1, PARISH OF BIENVILLE, STATE OF LOUISIANA</a>&nbsp;(Parish of Bienville)Accordingly, it is ordered- that Justice of the Peace Cook pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $200.00, no later than thirty days from the finality of this judgment.&nbsp;<a href="/opinions/2011/11O0874.opn.pdf">2011-O -0874 IN RE: JUSTICE OF THE PEACE STACIE P. MYERS, DISTRICT 4, PARISH OF POINTE COUPEE, STATE OF LOUISIANA</a>&nbsp;(Parish of Pointe Coupee)Accordingly, it is ordered that Justice of the Peace Myers pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $500.00, no later than thirty days from the finality of this judgment.&nbsp;<a href="/opinions/2011/11O0875.opn.pdf">2011-O -0875 IN RE: JUSTICE OF THE PEACE THOMAS "TOM" THREET WARD 4, PARISH OF CALCASIEU, STATE OF LOUISIANA</a>&nbsp;(Parish of Calcasieu)Accordingly, it is ordered that Justice of the Peace Threet pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $300.00, no later than thirty days from the finality of this judgment.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2011/11C0303cw11C0304.opn.pdf">2011-C -0303 C/W 2011-C -0304 MB INDUSTRIES, LLC v. CNA INSURANCE COMPANY, ET AL.</a>&nbsp;(Parish of Acadia) For the above-stated reasons, we find there is no genuine issue of material fact and judgment for defendants should be entered as a matter of law. The judgment of the Court of Appeal is hereby reversed, and the judgment of the District Court is reinstated. REVERSED; DISTRICT COURT JUDGMENT REINSTATED.JOHNSON, J., concurs in part, dissents in part, and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2011/11CQ1039.opn.pdf">2011-CQ-1039 MCI COMMUNICATIONS SERVICES, INC. v. WAYNE HAGAN AND JAMES JOUBERT</a>Pursuant to Rule XII, Supreme Court of Louisiana, the judgment rendered by this court upon the question certified shall be sent by the clerk of this court under its seal to the United States Court of Appeals for the Fifth Circuit and to the parties. CERTIFIED QUESTION ANSWERED.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2011/10CC1826.opn.pdf">2010-CC-1826 INTERDICTION OF HAROLD OTIS WRIGHT</a>&nbsp;(Parish of Tangipahoa)For the reasons stated herein, the ruling of the court of appeal is reversed and the trial court ruling that denied the exception of res judicata is reinstated. The matter is remanded for further proceedings in accordance with this decision. REVERSED AND REMANDED.JOHNSON, J., dissents and assigns reasons. WEIMER, J., concurring in part and dissenting in part for reasons assigned. GUIDRY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2011/11K0082.opn.pdf">2011-K -0082 STATE OF LOUISIANA v. TERRANCE A. MARTIN</a>&nbsp;(Parish of Calcasieu) (Possession of a Schedule IV Controlled Dangerous Substance)Based on the foregoing, we find the court of appeal erred in reversing the district court&rsquo;s denial of the defendant&rsquo;s motion to suppress. We reverse the ruling of the appellate court and remand the matter to the court of appeal for consideration of the defendant&rsquo;s remaining assignment of error. REVERSED AND REMANDED.JOHNSON, J., dissents and will assign reasons.&nbsp;<a href="/opinions/2011/10C2267cw10C2272_10C2275_10C2279_10C2289.opn.pdf">2010-C -2267 C/W 2010-C -2272, 2010-C -2275, 2010-C -2279, 2010-C -2289 EAGLE PIPE AND SUPPLY, INC. v. AMERADA HESS CORPORATION, ET AL.</a>&nbsp;(Parish of Orleans)Retired Judge Robert J. Lobrano, assigned as Justice ad hoc, sitting for Justice Jeannette T. Knoll, recused.So finding, we reverse the ruling of the court of appeal on rehearing and reinstate the ruling of the court of appeal on original hearing, affirming the trial court&rsquo;s granting of the defendants&rsquo; exceptions of no right of action.&nbsp; REVERSED.JOHNSON, J., dissents. VICTORY, J., concurs in the result and assigns reasons. KNOLL, J., recused. WEIMER, J., dissents and assigns reasons. GUIDRY, J., concurs and assigns additional reasons. CLARK, J., concurs and will assign additional reasons. LOBRANO, dissents for reasons assigned by Weimer, J.[<a href="Opinions?p=2011-070">See News Release 2011-070 for additional reasons assigned</a>]&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2011/11B0200.pc.pdf">2011-B -0200 IN RE: LOUIS A. GERDES, JR.</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 Louis A. Gerdes, Jr., Louisiana Bar Roll number 6030, be and he hereby is suspended from the practice of law for nine months. It is further ordered that all but three months of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on supervised probation for one year governed by the conditions set forth in this opinion. The probationary period shall commence from the date respondent, the ODC, and the probation monitor execute a formal probation plan. Any failure of respondent to comply with the conditions of probation, or any misconduct 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.VICTORY, J., dissents and assigns reasons. GUIDRY, J., concurs in part and dissents in part.&nbsp;<a href="/opinions/2011/11C0229.pc.pdf">2011-C -0229 KIRK RICHARD, ET AL. v. KIMBERLY BABIN RICHARD, ET AL.</a>&nbsp;(Parish of Iberia)For the reasons assigned, the judgment of the court of appeal reversing the district court&rsquo;s judgment in part as to a claim for false arrest is reversed. The district court&rsquo;s judgment dismissing the suit of Kirk Richard against the State of Louisiana, Department of Social Services, its Iberia Parish office, and Jannenne Trahan, Brandi Derouen, and Shanequa Keal-Lewis, is reinstated in its entirety.<a href="/opinions/2011/11C0760.pc.pdf">2011-C -0760 DONNA TYSON v. THOMPSON HOME HEALTH</a>Accordingly, we recall our order of June 3, 2011 as improvidently granted, and we deny defendant&rsquo;s writ application.VICTORY, J., dissents for reasons assigned by Justice Weimer. WEIMER, J., dissents for reasons assigned. CLARK, J., dissents.<div></div>&nbsp;&nbsp;
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