In a 68 page decision, the Louisiana Supreme Court in Hayes Fund for the First United Methodist Church of Welsh, LLC, et al. v. Kerr-McGee Rocky Mountain LLC, et al. forcefully explained the role of an appellate court. It is axiomatic that Louisiana appellate courts are courts of review. Louisiana law specifically sets the standard of review an appellate court must apply when reviewing a trial court’s factual decisions (manifest error) or its legal decisions (de novo). According to Hayes Fund, a failure to faithfully apply the “manifest error” standard of review where applicable causes an appellate court to function as a “choice-making court” when its proper role is to serve as an “errors-correcting court.”
Author: Collin J. LeBlanc
Now You See Us
Keogh Cox is proud to announce the placement of a new sign and logo on the exterior of our office building in Baton Rouge, Louisiana.
Sudden Emergency Defense: Now More Dispositive
On August 28, 2015, the Louisiana Supreme Court denied a Writ Application in Leandro Carias v. Vernon A. Loren, et al. This denial signifies that the “sudden emergency” defense may be properly applied at the summary judgment level. The defense in the Carias litigation was handled by Keogh Cox attorneys Gracella Gail Simmons and Collin J. LeBlanc.
Six Little Letters
tenure (ten’yer)
1. The status of holding one’s position on a permanent basis without periodic contract renewals; example: a teacher granted tenure on a faculty.
…
Were You Lying Then, Or Are You Lying Now?
Witness For The Prosecution was a 1957 film about the testimony of a German-born wife whose husband was on trial for murdering a rich woman. Based upon an Agatha Christie novel, the film gave a quote which has been parroted by attorneys ever since.
Sir Wilfrid: And when you said that he had accidentally cut his wrist, again, you lied?
Helm: Yes!
Sir Wilfrid: And now today you’ve told us a new story entirely! The question is, Frau Helm, were you lying then, [or] are you lying now?