FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 055

FROM: CLERK OF THE SUPREME COURT OF LOUISIANA

 

The Opinions handed down on the 8th day of September, 2008, are as follows:

BY CALOGERO, C.J.:

2007-C -2469 CHEVRON U.S.A. INC. v. STATE OF LOUISIANA, ET AL. (Parish of Plaquemines)

Retired Judge Lemmie O. Hightower, sitting ad hoc for Kimball, J., recused.

For the above and foregoing reasons, the court of appeal judgment affirming the district court's decision to grant summary judgment in favor of Chevron and PPG on the basis of res judicata is reversed. Application of res judicata to this case is inappropriate because this case does not arise out of the same "transaction or occurrence" as the Tract 87 litigation. We further find that Chevron and PPG have not otherwise proven that they are entitled to summary judgment because they have failed to show that no genuine issues of material fact remain and that they are entitled to judgment as a matter of law. The case is remanded to the district court for further proceedings consistent with this decision.
REVERSED AND REMANDED.

TRAYLOR, J., dissents for reasons assigned by Weimer, J.
KNOLL, J., dissents for reasons assigned by Justice Weimer.
WEIMER, J., dissents and assigns reasons.

 

 

2008-C -0021 GARY L. MILLER v. CONAGRA, INC. (Parish of Natchitoches)

Retired Judge Thomas C. Wicker, Jr., sitting ad hoc for Weimer, J., recused.

AFFIRMED IN PART, REVERSED IN PART, VACATED IN PART.