January 29, 2020 - 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;&nbsp;<div class="nrbody">&nbsp;The Opinions handed down on the 29th day of January, 2020 are as follows:&nbsp;BY Weimer, J.:<a href="../../opinions/2020/18-2061.CC.OPN.pdf">2018-CC-02061 GISTARVE JOSEPH, SR., ET AL. VS. HUNTINGTON INGALLS INCORPORATED, ET AL.</a> (Parish of Orleans Civil) We granted certiorari to determine the preclusive effect of a written compromise agreement. This agreement was executed by a tort victim in settlement of an action for damages resulting from occupational exposure to toxic materials. At issue is the effect of the compromise on a subsequent survival action brought by the La. C.C. art. 2315.1 beneficiaries of the tort victim, who contracted mesothelioma and died after entering into the compromise. Finding the intent of the parties to the compromise to be clear, unambiguous and unequivocal, and the elements of the res judicata plea satisfied, we conclude that the compromise should have been accorded preclusive effect. Accordingly, we reverse the judgment of the district court, declining to give res judicata effect to the compromise, and sustain the exception of res judicata with respect to the survival action. REVERSED, EXCEPTION SUSTAINED, REMANDED.Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.Johnson, C.J., dissents and assigns reasons. Hughes, J., dissents for the reasons assigned by Johnson, C.J. &nbsp;<a href="../../opinions/2020/19-0263.C.OPN.pdf">2019-C-00263 NEWELL NORMAND, SHERIFF &amp; EX-OFFICIO TAX COLLECTOR FOR THE PARISH OF JEFFERSON VS. WAL-MART.COM USA, LLC</a> (Parish of Jefferson) The writ application in this case was granted to determine whether the lower courts correctly ruled that an online marketplace is obligated as a &ldquo;dealer&rdquo; under La. R.S. 47:301(4)(l) and/or by contract to collect sales tax on the property sold by third party retailers through the marketplace&rsquo;s website. Because an online marketplace is not a &ldquo;dealer&rdquo; under La. R.S. 47:301(4)(l) for sales made by third party retailers through its website and because the online marketplace did not contractually assume the statutory obligation of the actual dealers, that is, the third party retailers, the judgment of the trial court and the decision of the court of appeal are reversed and vacated. MOTION TO DISMISS DENIED; REVERSED AND VACATED; RENDERED.Retired Judge Freddie Pitcher, Jr., appointed as Justice ad hoc, sitting for the vacancy in the First District at the time of oral argument; Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.Johnson, C.J., dissents and assigns reasons. Hughes, J., dissents with reasons. Pitcher, J., dissents for the reasons assigned by Justice Hughes &nbsp;&nbsp;BY Hughes, J.:<a href="../../opinions/2020/19-0645.KK.OPN.pdf">2019-KK-00645 STATE OF LOUISIANA VS. DONOVAN ALEXANDER</a> (Parish of Orleans Criminal) We granted certiorari in this case to determine whether the court of appeal erred in reversing the district court judgment that granted the defendant&rsquo;s motion to suppress an uncounseled statement. After reviewing federal and state authorities, we have determined that when the police failed to inform the defendant that his attorney sought to speak with him and failed to allow his attorney access to the defendant when the attorney was on the scene of the arrest and asked to see his client, the statement is inadmissible. Accordingly, we reverse the ruling of the court of appeal and reinstate the district court&rsquo;s judgment. COURT OF APPEAL REVERSED, DISTRICT COURT JUDGMENT REINSTATED.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, heard this case as Justice pro tempore, sitting in the vacant seat for District 1 of the Supreme Court. She is now appearing as an ad hoc for Justice William J. Crain. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.Crichton, J., dissents and assigns reasons. Chehardy, J., dissents and assigns reasons. &nbsp;<a href="../../opinions/2020/19-0749.C.OPN.pdf">2019-C-00749 LUV N' CARE, LTD. VS. JACKEL INTERNATIONAL LIMITED</a> (Parish of Ouachita) This case presents the res nova issue of whether La. R.S. 13:4611(1)(g) authorizes an award of attorney fees to a party in a contempt proceeding, who has been found not guilty of contempt of court, or whether an award of attorney fees is only authorized in favor of a party who successfully prosecutes a contempt action. The district court awarded, and the appellate court affirmed, attorney fees to the defendant herein, who was found not to be in contempt, as the &ldquo;prevailing party.&rdquo; For the reasons that follow, we reverse and vacate the award of attorney fees. JUDGMENT REVERSED IN PART; VACATED IN PART.Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.&nbsp;&nbsp;BY Crichton, J.:<a href="../../opinions/2020/17-1921.KA.OPN.pdf">2017-KA-01921 STATE OF LOUISIANA VS. DACARIUS HOLLIDAY</a> (Parish of East Baton Rouge) On June 27, 2007, a grand jury indicated defendant Dacarius Holliday (&ldquo;defendant&rdquo;) for the first-degree murder of two-year-old Darian Coon. On March 14, 2010, a unanimous jury found defendant guilty as charged. On March 17, 2010, the jury unanimously determined that defendant be sentenced to death, finding the following aggravating circumstances proven beyond a reasonable doubt: (1) the offender was engaged in the perpetration or attempted perpetration of second-degree cruelty to juveniles; and (2) the victim was under the age of twelve (12) years. See La. R.S. 14:30 (A)(1) and (5) and La. R.S. 14:93.2.3. This is defendant&rsquo;s direct appeal pursuant to La. Const. art. V, &sect;5(D). Defendant raises 52 assignments of error, variously combined into 29 arguments, all of which will be addressed herein. After a thorough review of the law and the evidence contained in the record before this Court, we find that none of the arguments set forth by defendant constitute reversible error. Accordingly, for reasons that follow, we affirm the defendant&rsquo;s first-degree murder conviction and sentence of death. AFFIRMED. Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, heard this case as Justice pro tempore, sitting in the vacant seat for District 1 of the Supreme Court. She is now appearing as an ad hoc for Justice William J. Crain. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. &nbsp;&nbsp;BY Boddie, J.:<a href="../../opinions/2020/19-1238.CC.OPN.pdf">2019-CC-01238 DON CALDWELL, INDIVIDUALLY AND SHERONDA CALDWELL, INDIVIDUALLY VS. ST. CHARLES GAMING COMPANY D/B/A ISLE OF CAPRI CASINO-LAKE CHARLES</a> (Parish of Calcasieu) We granted this writ to review a decision by the Third Circuit Court of Appeal granting plaintiff&rsquo;s motion for summary judgment and holding the Grand Palais Casino (&ldquo;Grand Palais&rdquo;) is a &ldquo;vessel&rdquo; for purposes of general maritime law.1 The decision contradicts the court&rsquo;s earlier decision in Benoit v. St. Charles Gaming Company, LLC, 17-101 (La. App. 3 Cir. 11/8/17), 230 So. 3d 997, writ denied, 17-2051 (La. 2/2/18), 233 So. 3d 615, cert. denied, ___ U.S. ___, 139 S. Ct. 104, 202 L. Ed. 2d 29 (2018), which held the Grand Palais is not a vessel. After a de novo review of the record, and for the reasons set forth below, we conclude the Grand Palais is a not vessel under general maritime law. Therefore, we reverse the judgment of the court of appeal and grant defendant&rsquo;s motion for summary judgment, dismissing plaintiff&rsquo;s suit. REVERSED AND RENDERED. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. Hughes, J., dissents with reasons. &nbsp;&nbsp;BY Chehardy, J.:<a href="../../opinions/2020/19-0507.C_19-0524.C.OPN.pdf">2019-C-00507 C/W 2019-C-00524 MEGAN THOMAS, ET AL. VS. THE REGIONAL HEALTH SYSTEM OF ACADIANA, LLC, ET AL.</a> (Parish of Lafayette) We granted writs in these consolidated matters to consider whether allegations of negligent credentialing against two healthcare providers are claims that fall within the purview of Louisiana&rsquo;s Medical Malpractice Act (&ldquo;LMMA&rdquo;) or, alternatively, sound in general negligence. For the reasons that follow, we reverse the ruling of the court of appeal and reinstate the trial court&rsquo;s judgment sustaining the hospital defendants&rsquo; exceptions of prematurity. REVERSED. Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, heard this case as Justice pro tempore, sitting in the vacant seat for District 1 of the Supreme Court. She is now appearing as an ad hoc for Justice William J. Crain. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. Johnson, C.J., additionally concurs and assigns reasons. Weimer, J., concurs and assigns reasons. Hughes, J., dissents with reasons. Genovese, J., dissents and assigns reasons. &nbsp;&nbsp;BY Kirby, J.:<a href="../../opinions/2020/19-0160.C.OPN.pdf">2019-C-00160 STEVE CROOKS AND ERA LEA CROOKS VS. STATE OF LOUISIANA, DEPARTMENT OF NATURAL RESOURCES</a> (Parish of Rapides) We granted certiorari in this class action to determine whether the plaintiffs&rsquo; inverse condemnation claims for compensation against the State of Louisiana have prescribed under La. R.S. 13:5111 and/or 28 U.S.C. &sect; 2501. The lower courts relied on the decision in Cooper v. Louisiana Department of Public Works, 03-1074 (La. App. 3 Cir. 3/3/04), 870 So. 2d 3151, to conclude the one-year prescriptive period for damage to immovable property found in La. C.C. art. 3493 governed and the continuing tort doctrine applied to prevent the running of prescription on the plaintiffs&rsquo; claims. For the reasons that follow, we find the lower courts erred in relying on Cooper and now hold that the three-year prescriptive period for actions for compensation for property taken by the state set forth in La. R. S. 13:5111 governs and the plaintiffs&rsquo; inverse condemnation claims are prescribed. REVERSED IN PART; AFFIRMED IN PART.Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, heard this case as Justice pro tempore, sitting in the vacant seat for District 1 of the Supreme Court. She is now appearing as an ad hoc for Justice William J. Crain. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. Retired Judge Robert Kostelka, appointed as Justice ad hoc, sitting for Justice Genovese, recused. &nbsp;&nbsp;PER CURIAM:<a href="../../opinions/2020/19-0369.K.OPN.pdf">2019-K-00369 STATE OF LOUISIANA VS. CHARLES P. MAYEUX, JR. AKA CHARLES P. MAYEUX</a> (Parish of Avoyelles) We granted this application to consider whether the State&rsquo;s circumstantial case against the defendant is sufficient to support his conviction for second degree murder, La.R.S. 14:30.1. Finding the State presented sufficient evidence for the jury to rationally conclude that defendant killed his wife when he had the specific intent to kill or to inflict great bodily harm, we affirm. AFFIRMED. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. Johnson, C.J., additionally concurs and assigns reasons. Genovese, J., dissents and assigns reasons. &nbsp;<a href="../../opinions/2020/19-1515.B.OPN.pdf">2019-B-01515 IN RE: DAVID GARDNER DEBLIEUX </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 David Gardner deBlieux, Louisiana Bar Roll number 29141, be and he hereby is suspended from the practice of law for a period of one year. 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. SUSPENSION IMPOSED.Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.Johnson, C.J., dissents and assigns reasons. Crichton, J., concurs in part, dissents in part and assigns reasons. Crain, J., concurs in part, dissents in part for the reasons assigned by Johnson, C.J. &nbsp;<a href="../../opinions/2020/19-1346.B.OPN.pdf">2019-B-01346 IN RE: DONALD R. DOBBINS</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 Donald R. Dobbins, Louisiana Bar Roll number 20537, be and he hereby is suspended from the practice of law for a period of one year and one day. It is further ordered that respondent shall make restitution, with legal interest, in the amount of $2,440 to Linder Smith and in the amount of $2,000 to Patsy Godfrey. 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. SUSPENSION IMPOSED. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. Weimer, J., concurs in part, dissents in part and assigns reasons. Crichton, J., concurs in part, dissents in part and assigns reasons. Crain, J., concurs in part, dissents in part for the reasons assigned by Crichton, J. &nbsp;<a href="../../opinions/2020/18-0950.C_18-0956.C.OPN.pdf">2018-C-00950 C/W 2018-C-00956 W&amp;T OFFSHORE, L.L.C. VS. TEXAS BRINE CORPORATION AND TEXAS BRINE COMPANY, L.L.C. C/W TEXAS BRINE COMPANY, L.L.C. VS. W&amp;T OFFSHORE, L.L.C.</a> (Parish of Lafourche) We granted defendants' application for rehearing in this case on October 15, 2019. After receiving briefing from the parties and reviewing the record of the matter, we recall our order of October 15, 2019, as improvidently granted, and we deny defendants' application for rehearing. REHEARING RECALLED. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark. Johnson, C.J., dissents. Weimer, J., dissents from the recall of the rehearing grant and assigns reasons. Hughes, J., additionally concurs with reasons. Boddie, J., dissents for the reasons assigned by Weimer, J. &nbsp;&nbsp;&nbsp;</div>
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