7/7/08 Rehearing Op. - La. S. Ct.

On July 7, 2008, the Louisiana Supreme Court released the following opinion on rehearing:

  • Sher v. Lafayette Insurance Co. (per curiam opinion; Traylor, Hightower, JJ., dissenting; Knoll, J., concurring in part and dissenting in part) (rehearing of original opinion released on April 8, 2008). In a rehearing opinion on this landmark Hurricane Katrina decision, the Court, ostensibly acting “for the Court,” though in 4-3 fashion, reheard its decision, but only on the limited matter of the plaintiffs’ entitlement to attorneys’ fees and costs pursuant to an offer of judgment made by the plaintiffs. The Court, finding that it had erroneously omitted the calculation of judicial interest from the modified award of damages in its original opinion, held that the inclusion of interest put the total judgment over the offer of judgment amount, and held that the plaintiffs were entitled to an additional $42,000 in costs under La. Code of Civil Procedure article 970(C). Concurring in part and dissenting in part, Justice Knoll would have also granted rehearing on the issues of the amendment of La. R.S. § 22:658 and of non-pecuniary damages.

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