Plaisance Law has handled scores of appeals and writ applications. Here are a few selected cases:
City of Baker School Board v. East Baton Rouge Parish School Board
1999-2505 (La. App. 1 Cir. 2/18/00), 754 So.2d 291
Represented newly created school district in appeal of trial court ruling that system held title to school property within its district. On appeal, for first time in Louisiana, court affirmed, holding that new board was successor title holder of school property within its district and was not required to compensate school board.
East Baton Rouge School Board v. Wilson
2008-0536 (La. App. 1 Cir. 6/6/08), 992 So.2d 537
As co-counsel represented newly formed Central Community School System on appeal of trial court grant in favor of parish school system as tax collector. Appellate court reversed, ruling that new school system was proper taxing authority and parish school system was not entitled to receive any portion of ad valorem taxes within geographic limits of area school system in year in which the two school systems separated.
Gathen v. Gathen
2010-2312 (La. 5/10/11), 66 So.3d 1
Appeal court reversed in favor of ex-wife, as custodial parent, who moved to relocate children to another state. Represented ex-husband on writ of certiorari to the Louisiana Supreme Court who reversed appellate court in favor of ex-husband on grounds that appellate court applied inappropriate standard of review and that trial judge did not abuse his discretion in denying ex-wife’s relocation.
2012-2756 (La.6/2/13), 122 So.3d 524Supreme Court reversed lower courts to allow mother to relocate with child to another state. Both mother and child derived benefits from move to live with mother’s new husband; mother was more than accommodating in maintaining visitation schedule and move provided mother with economic opportunities unavailable in Louisiana.
Medical Review Panel of Davis v. Louisiana State University Medical Health and Sciences Center – Shreveport
41,273 (La. App. 2 Cir. 8/25/06)
Represented plaintiff on appeal of trial court grant of exception of prescription. Appellate court reversed, ruling that payment of filing fee for a request for a medical review panel by express mail triggered the mailbox rule.
State of Louisiana v. Chinn
2011-2043 (La. 2/10/12), 92 So.3d 324
Represented defendant who moved to waive jury trial in light of new constitutional amendment that limited waiver to 45 days prior to trial. On appeal, Louisiana Supreme Court granted defendant’s waiver, holding that sole course of action to district court that would not cause defendant’s right to waive jury to conflict with constitutional amendment was for court to consider waiver, and if accepted, set trial beyond 45-day period.
Terrebonne Concrete, LLC v. CEC Enterprises, LLC
2011-0072 (La. App. 1 Cir. 8/17/11), 76 So.3d 502, writ denied 2011-2021 (La. 11/18/11), 75 So.3d 464.
Represented defendant and primary shareholder sued for breach of contract, and based upon fraud, against shareholder personally. Appellate court reversed trial court ruling against shareholder personally, holding that no fiduciary duty existed on part of shareholder to disclose company’s case flow problem and there was no factual evidence of fraud on part of primary shareholder.
USA v. Nevares-Bustamante
669 F.3d 209 (5th Cir. 2012)
Represented defendant who trial court subjected to enhanced sentence for remaining in United States after conviction for crime of violence. On appeal, the United States Fifth Circuit reversed in favor of defendant, holding, as a matter of first impression, that enhancement provision of sentencing guidelines was not applicable, where no removal order was issued after predicate conviction, nor was any removal order reinstated after the predicate conviction.
Wolfe v. Hanson
2006-1434 (La. App. 1 Cir. 5/2/08) 991 So.2d 13
Represented father in appeal of trial court judgement that awarded joint custody, but named neither parent domiciliary parent. On appeal, judge amended to name father as domiciliary parent.