Plaisance Law’s appellate attorneys, Mark D. Plaisance and Marcus J. Plaisance, have represented clients throughout Louisiana. Together they have handled cases in numerous district courts and in every state and federal appellate court in Louisiana. In addition, Mark has argued successfully before the United States Supreme Court, where Marcus is also admitted to practice.
Mark and Marcus have selected a few appellate cases which are summarized below. While results vary from case to case, these are representative of some past results.
Burns v. Burns
2017-0343 (La.App. 1 Cir. 11/3/17), 236 So.3d 571
The First Circuit Court of Appeal reversed a trial court judgment naming the father domiciliary parent. In finding in favor of the mother, the appellate court found the father failed to prove that his remarriage and his disapproval of mother’s boyfriend and lifestyle were material change in circumstances warranting modification of prior custody decree. The father offered no evidence of effect that mother’s actions had on the children.
State v. Kee Food, Inc., et al
2017-0127 (La.App. 1 Cir. 9/21/17), 232 So.3d 29
Represented corporate defendant and individual against whom civil judgment of forfeiture was ordered following service of process on individual defendant. The First Circuit Court of Appeal, in reversing the trial court, held that a general power of attorney permitting an agent to represent another in matters of litigation, while not specifically designating the individual as agent for service of process, is insufficient to constitute such a designation. Consequently, service of process on that agent is without effect. Since service was not made as required by law, portions of judgment against the corporation and individual owner were a nullity.
Neal v. Wascom
2016-1230 (La.App. 1 Cir. 4/12/17), 218 So.3d 129
Represented personal injury client on appeal who had injured sternoclavicular joint in motor vehicle collision. The First Circuit Court of Appeal affirmed the award of $700,000 in general damages, finding that plaintiff established her pain and suffering and disability from rare SC joint dislocation.
Ernest N. Morial New Orleans Exhibition Hall Authority v. New Limits New Limits, LLC
2016-0706 (La.App. 4 Cir. 4/5/17), 215 So.3d 974
Represented corporate defendant against whom default judgment obtained in district court. The Fourth Circuit Court of Appeal reversed the trial court, maintaining its circuit rule that, under La. C.C.P. art. 1702, the attorney certification requirement for confirmation of default is mandatory. As a result, the plaintiff was not entitled to confirmation of default since it failed to file the requisite certificate.
McLin v. McNabb, et al
2016-0449 (La.App. 1 Cir. 12/22/16), 2016 WL 7407384
Represented injured plaintiff who received jury verdict for past medical expenses but no future medical expenses or general damages. Appeal court reversed in favor of plaintiff, reiterating that trier of fact abuses its discretion in failing to award general damages where it finds that a plaintiff has suffered injuries causally related to an accident that requires medical attention.
State v. Allen
2014-0291 (La.App. 1 Cir. 6/4/15), 174 So.3d 1163
Represented defendant accused and found guilty of misapplication of payments by contractor under La. R.S. 14:202(A). The First Circuit Court of Appeal reversed on grounds of insufficient evidence, in that the State failed to establish misapplication was made knowingly. In addition, the appellate court found defendant acted in a representative capacity on behalf of a corporation and was not required to have contractor license.
Montgomery v. Louisiana
577 U.S. ––––, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016)
Wrote writ of certiorari and argued on behalf of Henry Montgomery before United States Supreme Court. In 6-3 decision, the United States Supreme Court reversed the Louisiana Supreme Court. It held that Montgomery, along with 1500 individuals nationwide, are entitled to retroactive benefit of Miller v. Alabama. The result was that Montgomery and others sentenced to mandatory life imprisonment as adults are entitled to be re-sentenced with consideration of opportunity for parole.
Saucier v. Washington
2017-556 (La.App. 3 Cir. 9/20/17), 229 So.3d 19
Represented defendant on supervisory writ regarding allegations of defamation. Appellate court granted writ and reversed, finding that comments made in online political blog, during a radio program, and in district attorney campaign literature regarding servitude dispute, involved matters of public interest, were protected by First Amendment, and should be dismissed under Louisiana Anti-SLAPP (anti-strategic lawsuit against public participation) statute.