May 7, 2014 - 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 #026</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;7th day of May, 2014, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2014/13CC1575.opn.pdf">2013-CC-1575	ASHLEY HOFFMAN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. TRAVELERS INDEMNITY COMPANY OF AMERICA</a>&nbsp;(Parish of Iberville)Accordingly, for the foregoing reasons the judgments of the lower courts are reversed. Travelers' motion for summary judgment is hereby granted.&nbsp; REVERSED AND RENDERED.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2014/13CC2778.opn.pdf">2013-CC-2778	LANGE WALKER ALLEN, II v. SUSAN TAYLOR ALLEN</a>&nbsp;(Parish of St. Tammany)For the reasons stated herein, the judgment of the court of appeal is reversed, the trial court judgment is reinstated, and the case is remanded to Division K of the Twenty-Second Judicial District for further proceedings.&nbsp; REVERSED AND REMANDED.HUGHES, J., concurs with reasons.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2014/13C1855.opn.pdf">2013-C -1855	ROBERT L. THOMAS v. CYNTHIA BRIDGES, SECRETARY DEPARTMENT OF REVENUE, STATE OF LOUISIANA</a>&nbsp;(Parish of Livingston) For the foregoing reasons, the rulings of the lower courts are hereby affirmed.&nbsp; AFFIRMED.VICTORY, J., dissents. GUIDRY, J., concurs and assigns additional reasons. CLARK, J., concurring with reasons.&nbsp;&nbsp;<a href="/opinions/2014/14O0188.opn.pdf">2014-O -0188	IN RE: HON. JANICE GARTRELL CLARK</a>Based on the record before us, we are fully persuaded that nothing with which the Commission charges Judge Clark warrants this Court&rsquo;s sanction for judicial misconduct. RECOMMENDATION REJECTED.&nbsp;<a href="/opinions/2014/13C1564cw13C1736.opn.pdf">2013-C -1564 C/W 2013-C -1736 MAJDI KHAMMASH, MAHA KHAMMASH, AND SARRIS, SARRARA AND DANNIAH KHAMMASH v. JOHN E. CLARK, M.D., JOHN E. CLARK M.D., LTD., LOUISIANA SPINE AND SPORTS MEDICINE, L.L.C., GLORIA WALL, HEATHER B. LANDRY AND CAPITOL CITY PHYSICAL THERAPY GROUP</a>&nbsp;(Parish of E. Baton Rouge)For these reasons, we reverse the judgment of the Court of Appeal and hereby reinstate the judgment of the District Court in its entirety. REVERSED; JUDGMENT OF THE DISTRICT COURT REINSTATED.CLARK, J., concurring in part, dissenting in part for reasons to be assigned.&nbsp; HUGHES, J., dissents with reasons. BY WEIMER, J.:&nbsp;<a href="/opinions/2014/13KK1681.opn.pdf">2013-KK-1681	STATE OF LOUISIANA v. RICO WEBB</a>&nbsp;(Parish of Orleans) (Carrying Illegal Drugs While in Possession of a Firearm)We, therefore, affirm the ruling of the district court, finding La. R.S. 14:95(E) is not unconstitutional, and that nothing in Article I, &sect; 11 of the constitution requires the charges against the defendant to be quashed. This case is remanded to the district court for further proceedings.&nbsp; AFFIRMED AND REMANDED.&nbsp;<a href="/opinions/2014/13CC2326.opn.pdf">2013-CC-2326 CALLIE ANN COOK v. FAMILY CARE SERVICES, INC.</a> (Office of Workers&rsquo; Compensation District 2)Accordingly, we affirm the decisions of the lower courts and remand this matter to the OWC for further proceedings. AFFIRMED AND REMANDED.&nbsp;<a href="/opinions/2014/13C2351.opn.pdf">2013-C -2351 CHURCH MUTUAL INSURANCE COMPANY AND TRINITY UNITED METHODIST PRESCHOOL v. THELMA DARDAR C/W THELMA DARDAR v. TRINITY UNIVERSAL METHODIST PRESCHOOL, ET AL.</a> (Office of Workers&rsquo; Compensation District 7)The contrary conclusion of the court of appeal is reversed, and the judgment of the OWC, maintaining the exception of prematurity and ordering Ms. Dardar to &ldquo;re-submit the request for injections to the payor on Form 1010 and to the Medical Director on Form 1009 within thirty days&rdquo; of the finality of this decision, is reinstated. The matter is remanded to the OWC for further proceedings. REVERSED AND REMANDED.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2014/13CC1545.opn.pdf">2013-CC-1545	PATRICIA WATKINS v. EXXON MOBIL CORPORATION, ET AL.</a>&nbsp;(Parish of Plaquemines)For the reasons set forth above, we affirm the judgment of the court of appeal holding that the one-year time limitation for asserting the survival action under La. Civ. Code art. 2315.1(A) is a period of liberative prescription rather than a period of peremption. See La. Civ. Code art. 2315.1(C). The case is remanded to the trial court for further proceedings. AFFIRMED; CASE REMANDED TO THE DISTRICT COURT.VICTORY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2014/13C1582cw13C1588_13C1703.pdf">2013-C -1582 C/W 2013-C -1588 2013-C -1703 QUALITY ENVIRONMENTAL PROCESSES, INC., MICHAEL X. ST. MARTIN AND VIRGINIA RAYNE ST. MARTIN v. I. P. PETROLEUM COMPANY, INC., INTERNATIONAL PAPER COMPANY, MONTGOMERY, BARNETT, BROWN, READ, HAMMOND &amp; MINTZ, L.L.P., AND JOHN Y. PEARCE</a>&nbsp;(Parish of Terrebonne)Retired Judge Lemmie O. Hightower, sitting Justice ad hoc for Hughes, J., recused.Accordingly, the plaintiff&rsquo;s claims under LUTPA are dismissed as to both the IP defendants and the legal defendants. We also affirm the remand of the case to the trial court for consideration of any royalty payment issues stemming from the after-acquired rights, if any, arising out of the 2001 and 2005 settlements. AFFIRMED; RENDERED IN PART; CASE REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS.JOHNSON, C.J., dissents in part for reasons assigned by Knoll, J. KNOLL, J., dissents in part and assigns reasons. CLARK, J., concurs in part and dissents in part for reasons assigned by Knoll, J.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2014/13KK1422.opn.pdf">2013-KK-1422	STATE OF LOUISIANA v. JOHN EMMITT GATES</a>&nbsp;(Parish of Bossier) (DWI-3RD)For the reasons stated herein, the judgments of the lower courts are vacated and defendant&rsquo;s motion to suppress evidence is hereby denied. This matter is remanded to the trial court for further proceedings. JUDGMENT OF THE LOWER COURTS VACATED; CASE REMANDED TO THE DISTRICT COURT.&nbsp;<a href="/opinions/2014/13KK1859.opn.pdf">2013-KK-1859	STATE OF LOUISIANA v. MORRIS DAVENPORT, JR.</a>&nbsp;(Parish of Sabine) (Aggravated Rape)Accordingly, we reverse the court of appeal's judgment, reinstate the trial judge&rsquo;s order of mistrial, and remand this matter to the trial court for further proceedings. REVERSED AND REMANDED.JOHNSON, C.J., dissents and assigns reasons.&nbsp; WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2014/13CA2011cw13CD2036.opn.pdf">2013-CA-2011 C/W 2013-CD-2036 CITY OF BATON ROUGE/PARISH OF EAST BATON ROUGE v. STEPHEN C. MYERS</a>&nbsp;(Parish of E. Baton Rouge) Accordingly, we reverse the declaration of unconstitutionality and the denial of a suspensive appeal, and remand this matter to the district court for further proceedings consistent with the foregoing. REVERSED; REMANDED WITH INSTRUCTIONS.KNOLL, J., dissents and assigns reasons.&nbsp; WEIMER, J., concurs in the result and assigns reasons.&nbsp;&nbsp;PER CURIAMS: <a href="/opinions/2014/13K1311.pc.pdf">2013-K -1311	STATE OF LOUISIANA v. SAMUEL E. MACK, JR.</a>&nbsp;(Parish of Orleans)Consequently, the court of appeal erred in vacating defendant&rsquo;s conviction for second degree murder on the basis the state failed to present evidence sufficient to sustain the conviction. Therefore, the conviction and sentence are reinstated, and the court of appeal is directed to address defendant&rsquo;s remaining claims on the merits on remand of the case. COURT OF APPEAL DECISION REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDEDJohnson, C.J, dissents and assigns reasons.&nbsp;<a href="/opinions/2014/13B2424.pc.pdf">2013-B -2424	IN RE: SEAN DANIEL ALFORTISH</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 name of Sean Daniel Alfortish, Louisiana Bar Roll number 22227, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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.KNOLL, J., dissents for reasons assigned.&nbsp;<a href="/opinions/2014/13B2688.pc.pdf">2013-B -2688	IN RE: DAVID J. MITCHELL</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 name of David J. Mitchell, Louisiana Bar Roll number 9692, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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.WEIMER, J., concurs in part and dissents in part and assigns reasons.&nbsp; HUGHES, J., dissents for the reasons assigned by Weimer, J.&nbsp;&nbsp;<a href="/opinions/2014/13B2699.pc.pdf">2013-B -2699	IN RE: OTHA CURTIS NELSON, SR.</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 Otha Curtis Nelson, Sr., Louisiana Bar Roll number 9940, be and he hereby is suspended from the practice of law for three years. It is further ordered that all but one year of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on supervised probation for two years, subject to the conditions set forth herein. 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.&nbsp;<a href="/opinions/2014/13B2873.pc.pdf">2013-B -2873	IN RE: CLARENCE T. NALLS, 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 Clarence T. Nalls, Jr., Louisiana Bar Roll number 1500, 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. It is further ordered that respondent provide an accounting to Wade Garner and make full restitution, 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/2014/13B2929.pc.pdf">2013-B -2929	IN RE: ELIZABETH ASHLEY BRUNET-ROBERT</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 Elizabeth Ashley Brunet-Robert, Louisiana Bar Roll number 28879, be and she hereby is suspended from the practice of law for three years, retroactive to November 18, 2009, the date of her interim suspension. 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.CLARK, J., dissents and assigns reasons.&nbsp;
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