Louisiana Supreme Court opinions released on April 8, 2008. We’ll start with the biggie:

• Sher v. Lafayette Ins. Co. (Traylor, J.; Victory, Weimer, JJ., concurring in result; Knoll, J., concurring in part and dissenting in part; Hightower, J. Ret., sitting in place of recused Calogero, C.J.). In Katrina case, reversing La. 4th Cir. Ct. App. finding that partial summary judgment was appropriate on basis that that “flood” as used in policy language was ambiguous; finding that the plain and ordinary meaning of “flood” included the inundation of water through New Orleans’ failed levees following Hurricane Katrina; finding that “the flood at issue was not caused by man. The flood was caused by Hurricane Katrina, not by man. The levees did not cause the flood, they, whether through faulty design, faulty construction, or some other reason, failed to prevent the flood”; therefore finding no alternative reasonable interpretation of the flood exclusion to render the plain, ordinary meaning ambiguous; holding that 2006 amendments to La. R.S. 22:658 were not retroactive and that the legislative history is not a legitimate indicator of legislative intent when retroactivity is at issue; affirming the denial of jury instructions as to attorneys’ fees and mental anguish; reversing court of appeal’s finding that policy exclusions must be pled specifically as affirmative defenses, finding that policy exclusions are not affirmative defenses, but are implicated by the plaintiff’s original complaint as to policy coverage; finding that jury’s findings that insurer’s actions were “vexatious,” therefore triggering bad faith damages, were not manifestly erroneous; rendering damages amount to plaintiff of $247,001.10 (reduced from amount affirmed by Court of Appeal of $553,615.50).
• The Newman Marchive Partnership, Inc. v. City of Shreveport (Calogero, C.J.). Reversing La. 2d Ct. App., holding that La. R.S. 13:5109(B)(2) requires a specific appropriation or disbursement of funds to pay a particular judgment, rendering funds generally appropriated but not set aside to pay a specific judgment judgment “public funds” until specifically set aside to pay the judgment by the public entity and therefore not subject to seizure under La. Const. art. II section 2.
• Louisiana v. Lanclos (Johnson, J.). Affirming Jefferson Parish First Parish Court (on direct appeal under La. Const. art. V, section 5(D)), holding that a $5.00 court cost assessed on tickets issued by the Causeway Commission pursuant to La. R.S. 32:57(G) is an unconstitutional tax levied improperly through the judicial system, violating the state constitutional separation of powers.
• Louisiana v. Gutweiler (Knoll, J.; Johnson, J., concurring in part and dissenting in part; Victory, J., concurring in part and dissenting in part, joined by Traylor, J.). Affirming La. 3d Cir. Ct. App., finding that sanction against the State of quashing a first degree murder indictment, for violating grand jury secrecy rules, was appropriate; reversing sanction of barring State’s two principal witnesses from testifying in further proceedings; remanding for new proceedings.
• Southern Silica of Louisiana, Inc. v. Louisiana Ins. Guar. Assn. (Weimer, J.; Knoll, J., concurring in result). Reversing La. Ct. App. 1st Cir., finding that the first sentence of La. R.S. 22:1386(A) cannot be applied to long-latency diseases such as silicosis; holding that plaintiff is entitled to indemnity from LIGA for 1977-1982 only after pro rata shares of all insurers covering Louisiana suits is determined by judicial decree.