Louisiana Case Commentaries

Defining Post-Abandonment Waiver: Renunciation Under La. C.C.P. Art. 561

Date: May 10, 2025

Defining Post-Abandonment Waiver: Renunciation Under La. C.C.P. Art. 561 Introduction The Supreme Court of Louisiana’s decision in Foundation Elevation & Repair, LLC v. Kenneth Miller and Doreen...

In Camera Review Requirement for Surveillance Videotape Impeachment Evidence under La. C.E. art. 607(D)(2)

Date: May 10, 2025

In Camera Review Requirement for Surveillance Videotape Impeachment Evidence under La. C.E. art. 607(D)(2) Introduction This commentary examines the Louisiana Supreme Court’s decision in Bradley Day...

Manifest-Error Standard Governs Mixed Questions of Law and Fact in CDL Disqualification Proceedings

Date: May 10, 2025

Manifest-Error Standard Governs Mixed Questions of Law and Fact in CDL Disqualification Proceedings Introduction Theophilus Roland, Jr. v. Louisiana Department of Public Safety and Corrections, No....

Prohibition on Joinder of Capital and Non-Capital Felony Charges Under Louisiana Law

Date: May 10, 2025

Prohibition on Joinder of Capital and Non-Capital Felony Charges Under Louisiana Law Introduction In State of Louisiana v. Davieontray Lee Breaux, the Louisiana Supreme Court addressed whether...

State v. K.B.: Defining Reasonable Suspicion and the Boundaries of Juvenile Stops and Protective Searches

Date: May 10, 2025

State v. K.B.: Defining Reasonable Suspicion and the Boundaries of Juvenile Stops and Protective Searches Introduction In State of Louisiana v. K.B. (2025-May-09), the Louisiana Supreme Court...

Non-Conforming Status by Prescription in Subdivision Regulation Enforcement

Date: May 10, 2025

Non-Conforming Status by Prescription in Subdivision Regulation Enforcement Introduction James and Kim McCormick own a 128.75-acre tract in Bossier Parish, Louisiana, accessed by a ten-foot-wide...

Fully Deferred Suspension for Failure to Cooperate with Disciplinary Investigations Under Rules 8.1(c), 8.4(a) and 8.4(d)

Date: Apr 30, 2025

Fully Deferred Suspension for Failure to Cooperate with Disciplinary Investigations Under Rules 8.1(c), 8.4(a) and 8.4(d) Introduction In In Re: Timothy A. Meche, 2025-B-0229 (La. 4/29/25), the...

Baseline Suspension for Lawyer Negligence, Communication Failures, and Fee Misconduct Established in In Re: Louviere

Date: Apr 30, 2025

Baseline Suspension for Lawyer Negligence, Communication Failures, and Fee Misconduct Established in In Re: Louviere Introduction In In Re: Drew M. Louviere, the Supreme Court of Louisiana addressed...

In re: Carl v. Williams – Establishing One-Year Suspension for Knowing Conversion of Client Funds

Date: Apr 24, 2025

In re: Carl v. Williams – Establishing One-Year Suspension for Knowing Conversion of Client Funds Introduction In In re: Carl v. Williams, 2025-B-0200 (La. 4/23/25), the Supreme Court of Louisiana...

In Re: Schnyder – Establishing a Three-Year Suspension for Recidivist Trust Account Misconduct and Non-Cooperation

Date: Apr 16, 2025

In Re: Schnyder – Establishing a Three-Year Suspension for Recidivist Trust Account Misconduct and Non-Cooperation Introduction In Re: Clayton Paul Schnyder, Jr. presents a disciplinary proceeding...

Significant Mental Health Mitigation Justifies Fully Deferred Suspension in Attorney Discipline

Date: Apr 9, 2025

Significant Mental Health Mitigation Justifies Fully Deferred Suspension in Attorney Discipline Introduction In In Re: Paul H. Hattaway, 2025-LSC-B-01405, the Supreme Court of Louisiana reviewed...

Clarifying Innkeeper Liability: Duty and Scope in Third-Party Criminal Acts

Date: Mar 22, 2025

Clarifying Innkeeper Liability: Duty and Scope in Third-Party Criminal Acts Introduction In William Campbell v. Orient-Express Hotels Louisiana, Inc. et al., 2024-C-00840 (La. Mar. 21, 2025), the...

Affirmation of Contractual Damages and Limits on Quasi-Contractual Restitution in Maxine Thomas v. Housing Louisiana Now

Date: Mar 22, 2025

Affirmation of Contractual Damages and Limits on Quasi-Contractual Restitution in Maxine Thomas v. Housing Louisiana Now Introduction This commentary examines the Louisiana Supreme Court’s per curiam...

Upholding Gross Negligence Standard for Health-Care Liability in Public Health Emergencies

Date: Mar 22, 2025

Upholding Gross Negligence Standard for Health-Care Liability in Public Health Emergencies Introduction Kathleen Welch and Carroll Dewayne Welch brought suit against United Medical HealthWest-New...

State v. Diano: Inclusion of Misdemeanor Incarceration in Habitual-Offender Cleansing Period

Date: Mar 22, 2025

State v. Diano: Inclusion of Misdemeanor Incarceration in Habitual-Offender Cleansing Period Introduction In State of Louisiana v. Christopher Raymond Diano (No. 2024-KK-00888), the Louisiana Supreme...

Local Voter Approval Required for Historical Horse Racing: Louisiana Supreme Court Decision Clarifying Article XII §6(C)

Date: Mar 22, 2025

Local Voter Approval Required for Historical Horse Racing Under Article XII, § 6(C) Introduction In Donovan Fremin et al. v. Boyd Racing, LLC et al. (2025-March-21), the Louisiana Supreme Court...

Louisiana Supreme Court Upholds Ballot Presentation of Whole-Article Constitutional Revisions Under Broad Title/One-Object Standards and La. R.S. 18:1299.1

Date: Mar 19, 2025

Louisiana Supreme Court Upholds Ballot Presentation of Whole-Article Constitutional Revisions Under Broad Title/One-Object Standards and La. R.S. 18:1299.1 1. Introduction In Willie Calhoun, Jr. et...

Reaffirming Execution Protocols under La. R.S. 15:567C: No Resetting Required on Reversal of Stay Orders

Date: Mar 17, 2025

Reaffirming Execution Protocols under La. R.S. 15:567C: No Resetting Required on Reversal of Stay Orders Introduction The case of STATE OF LOUISIANA v. JESSIE D. HOFFMAN presents a critical...

Clarifying Vicarious Liability in Real Estate Management: A New Standard for Summary Judgment

Date: Feb 23, 2025

Clarifying Vicarious Liability in Real Estate Management: A New Standard for Summary Judgment Introduction The case of Christian Longo v. 700B8, LLC, et al., decided by the Supreme Court of Louisiana...

Revisiting 'Particular Injury' and Jury Discretion in General Damages: Establishing a Two-Step Analytical Framework in Louisiana Law

Date: Feb 20, 2025

Revisiting 'Particular Injury' and Jury Discretion in General Damages: Establishing a Two-Step Analytical Framework in Louisiana Law Introduction In the landmark decision of BARBER BROTHERS...