January 28, 2015 - 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 #004</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;28th day of January, 2015, are as follows:&nbsp;BY WEIMER, J.: <a href="/opinions/2015/14C1127.opn.pdf">2014-C -1127	MACK ENERGY CO., ET AL. v. EXPERT OIL AND GAS, L.L.C.</a>&nbsp;(Parish of St. Tammany)Retired Judge Hillary J. Crain, Assigned as Justice ad hoc, sitting for Justice Jefferson D. Hughes, III, recused. Judge Scott J. Crichton, assigned as Justice ad hoc, sitting for Justice Jeffrey P. Victory, for oral argument. He now sits as an elected Associate Justice at the time this opinion is rendered.Accordingly, the rulings of the lower courts, by which the arbitration award is confirmed, are hereby AFFIRMED.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2015/14C0969cw14C0973.opn.pdf">2014-C -0969 C/W 2014-C -0973 CRESCENT PROPERTY PARTNERS, L.L.C. v. AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, BISON BUILDING MATERIALS OF TEXAS, INC., ET AL. C/W GREYSTAR DEVELOPMENT AND CONSTRUCTION, LP v. CRESCENT PROPERTY PARTNERS, LLC, BISON BUILDING MATERIALS OF TEXAS, INC., ET AL. C/W BISON BUILDING MATERIALS OF TEXAS, INC., BISTROL FIBERLITE INDUSTRIES, INC., CHAMPION WINDOW, INC., ET AL. v. GREYSTAR DEVELOPMENT AND CONSTRUCTION, LP.</a>&nbsp;(Parish of Orleans)Judge Scott J. Crichton, assigned as Justice ad hoc, sitting for Justice Jeffrey P. Victory for oral argument. He now sits as an elected Justice at the time this opinion is rendered.For the reasons set forth above, we find the court of appeal erred in reversing the district court&rsquo;s judgment confirming the arbitration panel&rsquo;s award. Crescent has failed to carry its burden of proving the existence of any of the statutory bases set forth in La. Rev. Stat. 9:4210 mandating vacatur of the arbitration panel&rsquo;s decision. Accordingly, the court of appeal&rsquo;s judgment is reversed, and the district court&rsquo;s judgment confirming the arbitration panel&rsquo;s award is reinstated. REVERSED.JOHNSON, C.J., concurs and assigns reasons.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2015/14C1107.opn.pdf">2014-C -1107	MARCUS MILLER v. HAROLD THIBEAUX,LAFAYETTE PARISH SCHOOL BOARD AND AMERICAN ALTERNATIVE INSURANCE CORPORATION</a>&nbsp;(Parish of Lafayette)Judge Scott J. Crichton, assigned as Justice ad hoc, sitting for Justice Jeffrey P. Victory, for oral argument. He now sits as an elected Associate Justice at the time this opinion is rendered.For the reasons stated herein, we reverse the February 12, 2014 decision of the appellate court and reinstate the district court judgment, which denied the defendants&rsquo; peremptory exceptions raising the objection of no right of action. The matter is remanded to the appellate court for consideration of the appeals filed following the April 16, 2013 district court judgment on the merits, in favor of the plaintiff, Marcus Miller. APPELATE COURT REVERSED; DISTRICT COURT JUDGMENT REINSTATED; REMANDED.GUIDRY, J., dissents. CLARK, J., dissents with reasons. CRICHTON, J., dissents for reasons assigned by Justice Clark.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2015/14C1063.pc.pdf">2014-C -1063	MELODY ANN RUSHING OLSON v. KIMMY LEE OLSON</a>&nbsp;(Parish of Ouachita)Judge Scott J. Crichton, assigned as Justice ad hoc, sitting for Victory, J. for oral argument. He now sits as an elected Justice at the time this opinion is rendered. Retired Judge Patrick M. Schott, assigned as Justice ad hoc, sitting for Clark, J., recused.After considering the record, the applicable law, and the oral argument before the court, we have determined that the writ application was improvidently granted. Therefore, we recall the order dated October 3, 2014, granting the writ application. The writ application is hereby deniedCLARK, J., recused. WEIMER, J., dissents and would resolve this matter on the merits. HUGHES, J., dissents and would consider the merits.&nbsp;<a href="/opinions/2015/14B1761.pc.pdf">2014-B -1761	IN RE: JOHN D. CONRY</a>&nbsp;(Disciplinary Board)Judge Scott J. Crichton, assigned as Justice ad hoc, sitting for Victory, J. for oral argument. He now sits as an elected Associate Justice at the time this opinion is rendered.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 the name of John D. Conry, Louisiana Bar Roll number 29807, 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. It is further ordered that respondent shall make restitution to his victims, including his clients, the Louisiana State Bar Association&rsquo;s Client Assistance Fund, and all other third parties. 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.CRICHTON, J., additionally concurs and assigns reasons.
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