Louisiana Court of Appeals

Louisiana Appellate Court Rejects Claims of Serial Claimant against Chitimacha Tribe

Matthew L.M. Fletcher

Here is the unpublished opinion in Spivey v. Chitimacha Tribe of Louisiana:

Unpublished OpinionDownload

Related post here.

Louisiana COA Affirms Tribal Immunity

Matthew L.M. Fletcher

Here is the opinion in Flowers v. Jena Band of Choctaw Indians:

Opinion.pdfDownload

Louisiana COA Holds in Favor of Tunica-Biloxi Employees in Dram Shop Action

Matthew L.M. Fletcher

Here is the opinion in Zaunbrecher v. Martin:

17-0932opi

This case previously reached the Supreme Court, and was held pending the decision in Lewis v. Clarke. Materials here and here.

Coushatta Tribe Prevails in Appeal of Multi-Million Dollar Contract Dispute Judgment

Matthew L.M. Fletcher

Here is the opinion in Meyer & Assoc. v. Coushatta Tribe of Louisiana (La. Ct. App.):

14-1109opi

An excerpt:

Based on the foregoing, we reverse the grant of summary judgment to Meyer & Associates, Inc. on the issue of fraud and misrepresentation, finding that Meyer & Associates, Inc. failed to prove that no genuine issues of material fact remain on these issues; we reverse the grant of summary  judgment to Meyer & Associates, Inc. on the issue of breach of fiduciary duties because this issue was not properly before the trial court; and we reverse the grant of summary judgment to Meyer & Associates, Inc. on the issue of breach of contract, finding that genuine issues of material fact still remain on this issue. Based on these reversals, we vacate the March 3, 2014 judgment awarding Meyer & Associates, Inc. $10,603,250.00 in damages and $395,000.00 in reimbursable expenses; and vacate the June 23, 2014 judgment awarding Meyer & Associates, Inc. $5,585,573.00 in attorney fees and $57,662.34 in court costs; and remand the matter to the trial court for further proceedings. Costs of this appeal are assessed to Meyer & Associates, Inc.

Appeals Court Remands Suit Against Tunica-Biloxi’s Casino Employees

Sarah M Donnelly3 Comments

Order and Memorandum in re Zaunbrecher v. Succession of David, 2015-769 (La. App. 3 Cir. 12/9/15) here.

An appeals court affirmed the Paragon Casino’s immunity from suit for the death of Blake Zaunbrecher, who was killed by a drunk driving patron in 2013.  However, the court reversed the decision to extend that immunity to its employees.   It found that the bartender and security guards could have a personal duty to the decedent that will make them personally liable.  It remanded the case to the 12th Judicial District Court to decide whether to stay all proceedings until resolution of a similar suit in Tribal court.

Louisiana Appellate Briefs in Meyer & Assocs. v. Coushatta Tribe of Louisiana II

Matthew L.M. Fletcher

Here:

Coushatta Tribe Brief

Meyer & Assoc Brief

The report of the decision in Meyer & Assocs. v. Coushatta Tribe of Louisiana I is here:

992_So.2d_446

Tunica-Biloxi Tribe Immune from Counterclaim in Land Case

Matthew L.M. Fletcher

Here is the opinion in Tunica-Biloxi Tribe v. Blalock, from the Louisiana Court of Appeals. And a dissent.

An excerpt:

The Tribe filed its initial possessory action against the Blalocks seeking damages and requesting the filing of any adverse ownership claim by the Blalocks over a larger parcel of property. Notably, River View is absent both from this petition and from the subsequent stipulated judgment in which the Blalocks asserted an ownership interest in the portion of the disputed property now claimed by River View. In addition to asserting its own ownership interest via the petition of intervention, Riverview seeks a judgment establishing a boundary between the larger parcel now in possession by the Tribe and the parcel claimed by the Blalocks and, now, River View. It also seeks a “Judgment ordering the Tunica Biloxi Tribe of Louisiana to surrender possession of the property owned by the Intervenor.”

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