Plaisance Law

$700,000

Personal Injury Appeal

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.

Personal Injury Appeal

Plaisance Law was hired to file a writ application with the Louisiana Supreme Court after lower courts affirmed the dismissal of a petition for damages due to untimely fax filing. The Supreme Court agreed with Plaisance Law, ruling that Clerks of Court cannot shorten prescriptive periods by shutting off fax machines.

Criminal Appeal

Wrote writ of certiorari and argued on behalf of Henry Montgomery before United States Supreme Court. In a 6-3 decision, the U.S. Supreme Court reversed the Louisiana Supreme Court, holding that Miller v. Alabama (regarding mandatory life imprisonment for juveniles) is retroactive, entitling Montgomery and others to be re-sentenced with consideration for parole.

Criminal Appeal

Represented defendant accused and found guilty of misapplication of payments by contractor. The First Circuit Court of Appeal reversed on grounds of insufficient evidence, finding the State failed to establish misapplication was made knowingly and that the defendant acted in a representative capacity, not requiring a contractor license.

Civil Procedure Appeal

Represented corporate defendant and individual against whom civil judgment of forfeiture was ordered. The First Circuit Court of Appeal reversed, holding that a general power of attorney is insufficient for service of process if it doesn't specifically designate the agent for service, rendering the judgment a nullity.

Civil Procedure Appeal

Represented corporate defendant against whom default judgment was obtained. The Fourth Circuit Court of Appeal reversed, maintaining its rule that attorney certification for confirmation of default is mandatory under La. C.C.P. art. 1702, thus the plaintiff was not entitled to confirmation.