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Admitted Admission Admitted

EDLA Magistrate Judge Karen Wells Roby denied a defense motion to deem requests for admission admitted. Not because of any defect, but because the plaintiff's failure to respond equates to an admission as a matter of law. No judgment to that effect is required, or, apparently, permitted.




Posted: Oct. 21, 2020

Free Speech and Public Schools

Tinker v. Des Moines Independent Community School District declared that students “do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” On October 9, 2020, Judge Eldon Fallon extended that principle to the parking lot.

Pine Junior-Senior High School in Washington Parish permits students to paint a design of their choice on reserved parking spots with only limited restrictions. Senior Ned Thomas had a friend paint a stylized portrait of President Trump in his spot. It was promptly painted over by school officials. Ned's parents took the school board and superintendent to court in the EDLA where Judge Fallon granted plaintiffs' motion for preliminary injunction.




Posted: Oct. 13, 2020

An Historic Chief Judge Retires

Second Circuit Chief Judge Felicia Toney Williams announced her retirement from the bench effective September 30. We can't do better than the court's official announcement below detailing a 30 year judicial career, including her 1992 election as the first female African American on the Second Circuit bench. All I can add is that I began building CompQuantum in 2012 and Judge Williams has been one of the few constants in the last eight years of data entry. She is associated with 212 cases in our database. After enough entries, you start to think of some judges as old friends you've never met. Judge Williams is one of those. We wish her the best in retirement.

Her position was filled on Wednesday, October 7, 2020, by the Honorable D. Milton Moore, III, another judge with enough seniority to have left a mark at CompQuantum. Congratulations to Judge Moore.

Finally, retired Judge Edward Bleich was appointed by the Supreme Court to serve pro tempore beginning "October 1, 2020 through May 31, 2021 or until the vacancy is filled, whichever occurs sooner."

All three announcements are posted below.




Posted: Oct. 9, 2020

Medical Malpractice Prescription

An exception of prescription filed pursuant to La. R. S. 40:1231.8( B)( 2)( a) cannot be referred to the merits. It is intended to allow the provider to raise the exception "without the need for completion of the review process by the medical review panel." See Cleveland v. Our Lady of the Lake Hospital, Inc., 2020 CW 0631 (LaApp1 9/28/20), below.




Posted: Sept. 30, 2020

Former Saint Delvin Breaux's Medical Malpractice Suit

A lot of high school football players believe they missed the chance for college and on to professional greatness by the slimmest of margins. A half-inch in height, a tenth of a second in the 40, an injury before that big game attended by top D1 recruiters. And then there are the few Delvin Breauxs. The guys who make it anyway.

Breaux made it to the SEC in spite of suffering neck fractures on a kickoff return for McDonough 35, but he was never cleared to play at LSU. A successful single season in semi-pro football and a year in the Arena Football League set the stage for his ascension to professional football in Canada. An unlikely career became exceptional made the New Orleans Saints roster in 2015.

At training camp before his third season with the Saints, Breaux suffered a leg fracture that left him on IR. It was his last season (so far) in the NFL. He returned to the Canadian league where he remains with the Hamilton Tiger-Cats.

On September 24, 2020, Breaux filed a medical malpractice claim alleging doctors' failure to properly diagnose the 2017 training camp injury resulted in worsening of his condition through continued practice. His petition is posted below.




Posted: Sept. 30, 2020

Third Circuit Closed Indefinitely

Hurricane Laura damage forced the closure of the Third Circuit indefinitely. The court's order is posted below.




Posted: Sept. 3, 2020

Western District - Bar Closure Executive Order Upheld

Like Eastern District Judge Feldman before him, Judge Summerhays declined to enjoin enforcement of Governor Edwards' Executive Order 89 JBE 2020 prohibiting bars from serving customers on-site.




Posted: Aug. 27, 2020

Eastern District Civil and Criminal Jury Trials Suspended Until January 1, 2021

Federal Eastern District Judge Nannette Jolivette Brown issued COVID-19 General Order No. 20-10 on August 20, 2020, which suspends all civil and criminal jury trials until January 1, 2021. "Those continuances do not continue any pending deadlines other than the trial dates. Attorneys should contact the presiding judges in their continued cases if they seek to modify such other deadlines."




Posted: Aug. 20, 2020

Judge Feldman: Bar Closure Orders Constitutional

A first pass summary: Eastern District Court Judge Martin Feldman decided that, as between him taking heat without accountability for the possibility of increased infections and Governor Edwards exercising executive authority to close businesses at the risk of electoral accountability, Governor Edwards prevails. Bars remain closed.




Posted: Aug. 17, 2020

A Slew of Pleas

Last year in A Slew of Stays we reported on a series of orders from Eastern District judges staying cases pending a DOJ investigation. The Department issued a press release on August 6, 2020 announcing guilty pleas, apparently in connection with that investigation. WWL TV reported more details online, including a name they identify as "Attorney A". Obviously, this story is far from over.




Posted: Aug. 6, 2020