LEGAL
After nearly 30 years of practicing law, it remains my profession and my passion. It's what I read about and write about. This has produced a diverse practice to include amusement and sports, contracts, elections, gaming, governmental liability, insurance, and personal injury. Below is a list of notable cases I handled as lead counsel.
FEDERAL
STATE
Patin v. Munster
Defense Counsel
Citation:
Patin v. Munster, 99-1739 (La.Ct.App. 3rd Cir. 05/24/00); 760 So.2d 447; writ denied 2000-C-1916 (La.S.Ct. 9/29/00);770 So.2d 447; writ denied 00-1067 532 U.S. 957; 121 S.Ct. 1484 (2001)
Summary:
Suit by licensee against individual state actors. Defended state actors. Jockey did not have actionable procedural due process claim against racing stewards appointed by state racing commission based on revocation of horse racing license, where jockey failed to take advantage of adequate post-deprivation remedies. U.S.C.A. Const. Amend. 14; 42 U.S.C.A. �1983.
Practice Area(s):
Consitutional Due Process
Garza v. La. State Racing Commission
Defense Counsel
Citation:
Garza v. La. State Racing Commission 07-0250 (La.Ct.App. 4th Cir. 6/20/07) 961 So.2d 1283
Summary:
Suit by casiono employee against state Racing Commission. Defended state. Amendment to constitution gaming provision requiring a referendum prior to the issuance of an off-track wagering license did not apply to invalidate racetrack's license, as parish voters had approved the off-track wagering establishment prior to the amendment.
Practice Area(s):
Licensing and Regulation
Dale v. La. Secretary of State
Defense Counsel
Citation:
Dale v La. Secretary of State et al, 07-2020 (La.Ct.App. 1st Cir. 10/11/07) 971 So.2d 1136
Summary:
Suit by individual challaneging election. Defended Clerk of Court. Candidate for sheriff filed lawsuit seeking declaration that staute providing for three-day reopen qualifying period when a candidate with opposition dies was unconstitutional. Plaintiffs also sought preliminary injunction to prohibt the reopening of the qualifying period for primary election for sheriff. Plaintiffs were not entitled to preliminary injunction and trial court was not required to consider merits of request for declaratoy judgment in an action seeking to prohibit the reopening of a qualifying period for a primary election following the death of a candidate.
Practice Area(s):
Election law
Piazza's Seafood World LLC v. Odom
Defense Counsel
Citation:
Piazza's Seafood World LLC v Odom, 07-2191 (La.Ct.App. 1st Cir. 12/23/08); 6 So.3d 820
Summary:
Suit by seafood importer against Commissioner of Agriculture to enjoin enforcement of regulations regarding inspections for imported seafood. Defended Commissioner. Court held that Administrative Procedure Act did not divest the district court of its subject matter jurisdiction; court had original jurisdiction over petition for injunctive relief based on regulations' alleged unconstitutionality. Commissioner lacked statutory or constitutional authority to regulate the sanitary inspection of seafood raised, processed and packaged outside of the state of Louisiana.
Practice Area(s):
Food Weight Measurers; Administratrive Procedure Act
Mark Spears v. Jefferson Parish Office of Inspector General
Prosecuted for OIG
Citation:
In re: Matter Under Investigation by the Jeferson Parish inspector General c/w Mark Spears v. Jefferson Parish Office of Inspector General, 19-359 (La.Ct.App. 5th Cir. 10/21/19); 2019 WL 5382956
Summary:
Suit by Office of Inspector General (OIG) against elected official. Prosecuted for OIG. OIG sought judicial approval for issuance of subpoena to elected councilman. District court granted councilman's petition for declaratory judgment ordering Office of Inspector General to provide him with a fair description of subject matter of subpoena ad testificandum, and of any documents to be reviewwed during his interview, so that he may assert any legislative privilege that may exist prior to being interviewed. On application for supervisory writ, writ was granted, judgment vacated and case remanded.
Practice Area(s):
Constitutional law; Civil Procedure
Rogers v. Ash Grove Cemetery Co., et al
Plaintiff Counsel
Citation:
Rogers v. Ash Grove Cement Co., et al, 34, 934 (La.Ct.App. 2d Cir 11/1/01); 700 So.2d 841
Summary:
Suit by individual for defamation and malicious prosecution action against three creditors and their attorneys who had sued him for fraud and racketeering. Represented plaintiff. Finding that there is a heightened standard for pleading defamation arising from legal proceeding against attorney and clients, the court affirmed the dismissal, with one judge writing a dissenting opinion.
Practice Area(s):
Libel and Slander
Register v. La. State Racing Commission
Prosecuted for LSRC
Citation:
Register v. La. State Racing Commission, 00--652 (La.Ct.App. 4th Cir 1/24/01); 779 So.2d 93
Summary:
Suit by licensee against state Racing Commission challenging 15 year suspension of license. Prosecuted for Racing Commission. Court held that Racing Commission's suspension was not excessive where horse was positive for DEA Category 1 scheduled drug, eventhough guidelines recommended suspension of 5 years, due to prior record.
Practice Area(s):
Licensing and Regulation; Administrative Procedure Act
Boxie v. La. State Racing Commission
Prosecuted for LSRC
Citation:
Boxie v. La. State Racing Commission; 01-2405 (La.Ct.App. 4th Cir 8/28/02), 826 So.2d 1183, writ not considered 02-2686 (La. 12/19/02); 833 So.2d 338.
Summary:
Suit by licensee against state Racing Commission challenging suspension of license. Prosecuted for Racing Commission. Court held that Racing Commission did not exceed its authority to suspend licensee for "attempted" possession of illegal electrical device while in barn on racetrack under state law, notwithstanding that regulations were silent as to "attempted" possession.
Practice Area(s):
Licensing and Regulation; Administrative Procedure Act
Bourgeois v. La. State Racing Commission
Prosecuted for LSRC
Citation:
Bourgeois v. La. State Racing Commission, 10-0573 (La.Ct.App. 4th Cir. 11/12/10); 51 So.3d 851, writ denied 10-2717 (La. 2/4/11); 57 So.3d 313.
Summary:
Suit by licensee against state Racing Commission challenging suspension of license and $1,500 fine. Prosecuted for Racing Commission. Court held that Racing Commission did not exceed its authority by deviating from miniumum guidelines where horse was positive post race for a long lasting tranquilizer. Licensee was insurer of condition of horse regardless of acts of third parties.
Practice Area(s):
Licensing and Regulation; Administrative Procedure Act
Stephenson v. La. State Racing Commission
Prosecuted for LSRC
Citation:
Stephenson v. La. State Racing Commission, 05-0114 (La.Ct.App. 4th Cir. 7/6/05); 907 So.2d 925 writ denied 05-2411 (La. 3/24/06); 925 So.2d 1234.
Summary:
Suit by veterinarian against state Racing Commission challenging 2 year suspension and $10,000 fine on evidentiary basis. Prosecuted for Racing Commission. Court held that evidence supported evidence supported finding that veterinarian had injected race horse with substance during prohibited four hour period prior to race time.
Practice Area(s):
Licensing and Regulation; Administrative Procedure Act
McMahon v. La. State Racing Commission
Prosecuted for LSRC
Citation:
McMahon v. La. State Racing Commission, 03-2097 (La.Ct.App. 4th Cir. 5/13/06); 933 So.2d 831, writ denied, 06-1679 (La. 10/6/06); 938 So.2d 80.
Summary:
Suit by licensee against state Racing Commission challenging a 3 year suspension . Prosecuted for Racing Commission. Court held that regulator's decision was supported by perponderance of evidence, detectives were taken aback by excited utterance, "you didn't find it on me," and that statement could not have been made when it was unless liensee was aware of location of illegal electrical device.
Practice Area(s):
Licensing and Regulation; Administrative Procedure Act
Ruffin v. Poland Enterprises
Defense Counsel
Citation:
Ruffin v. Poland Enterprises, LLC, 06-0244 (La.Ct.App. 4th Cir. 12/13/06); 946 So.2d 695, writ denied f07-0314 (La. 4/20/07); 954 So.2d 163.
Summary:
Suit by state employees against state for injuries related to exposure to mold. Defended state. Court held prolonged exposure to mold and other contaminants at workplace was not a "precipitus event happening suddenly," and thus, employees injuries did not fall under classification of accident within meaning of Workers' Compensation Act, La.R.S. 23:1031(A).
Practice Area(s):
Labor and Employment
Durrusseau v. La. State Racing Commission
Prosecuted for LSRC
Citation:
Durrussear v. La. State Racing Commission, 98-0442 (La.Ct.App. 4th Cir. 1998); 724 So.2d 844, 99-0034 (La. 2/12/99); 738 so.2d 582.
Summary:
Suit by licensee against state Racing Commission for monetary damages for allegedly intentionally wrongful earlier refusal to reinstate license. Defended Racing Commission. Court held that Racing Commission was has quasi-judicial absolute immunity as to claims for money damages by former licensee. First case to recognize quasi-judicial immunity for Racing Commission.
Practice Area(s):
Government Liability
Cathey v. La. State Racing Commission
Prosecuted for LSRC
Citation:
Cathey v. La. State Racing Commission, 03-0923 (La.Ct.App. 4th Cir. 9/24/03); 855 So.2d 144, writ denied 03-3153 (La. 1/3/00), 865 So.2d 86.
Summary:
Suit by licensee against state Racing Commission challenging suspension and $2,500 fine. Prosecuted for Racing Commission. Credibility calls by agency under Administrative Procedure Act are entitled to "due regard," in proceeding for review. Trial court jurisdiction is limited to determining whether agency decision is supported by perponderance of evidence. Decision was supported by perponderance of evidence.
Practice Area(s):
Licensing and Regulation; Administrative Procedure Act
Jefferson Downs Corp. v. La. State Racing Commission
Defense Counsel
Citation:
Jefferson Downs Corp. v. La. State Racing Commission, 99-1001 (La.Ct.App. 4th Cir. 2/16/00); 751 So.2d 465, writ denied 00-1067 (La. 5/26/00); 762 So.2d 1112; writ denied 00-297, 531 U.S. 1133, 121 S.Ct. 898 (2000)
Summary:
Suit by racetrck licensee against state Racing Commission for revoking license. Prosecuted for Racing Commission. Although Administrative Procedure Act and Open Meetings Law applied to actions taken by regulators, parties are bound by terms of consent judgment once a consent judgment is entered, and cour retains jurisdiction. Admnistrative Procedure Act and Open Meetings Law no longer govern matter.
Practice Area(s):
Administrative Procedure Act; Civil Procedure
King v. Parish National Bank
Plaintiff Counsel
Citation:
King v. Parish National Bank, 04-0337 (La. 10/10/04); 885 So.2d 540
Summary:
Suit by individual borrower against lender, appraisal firm and individuals in tort and breach of quasi-contractual obligations, error, fraud and duress. Represented plaintiff through trial, appellate and supreme court proceedings. State supreme court heldLLa. Credit Agreement Statute (LCAS) applies to preclude action against bank, verbal "credit argeement" was unenforceable, and LCAS cannot be applied to preclude action against appraisers.
Practice Area(s):
Statute of Frauds; Credit Agreements