Brunswick Seafood, Inc. v. Williams Law Grp., LLC

Supreme Court of Louisiana

Brunswick Seafood, Inc. v. Williams Law Grp., LLC

268 So. 3d 1022

CourtSupreme Court of Louisiana

DecidedApril 29, 2019

DocketNO. 2019-C-0335

StatusPublished

This text of 268 So. 3d 1022 (Brunswick Seafood, Inc. v. Williams Law Grp., LLC) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brunswick Seafood, Inc. v. Williams Law Grp., LLC, 268 So. 3d 1022 (La. 2019).

Pincite

Opinion

JOHNSON, C.J., would grant.

HUGHES, J., would grant.

GENOVESE, J., would grant and assigns reasons.

GENOVESE, J., would grant this writ for the following reasons:

This is a summary judgment legal malpractice case. Both sides have competing, contradictory, and irreconcilable expert opinions and reports. When there are two competing experts with opposing views, the fact finder must make the determination as to whom to rely upon. This requires a review and weighing of the facts and evidence presented. A trial court judge is not permitted to weigh evidence or judge credibility in a summary judgment proceeding. That is precisely what occurred in this case. There are genuine issues of material fact presented which prohibit the grant of summary judgment. I would grant this writ, reverse the lower courts' grant of summary judgment, deny defendants' motion *1023for summary judgment, and remand for further proceedings.

Free access — add to your briefcase to read the full text and ask questions with AI

JOHNSON, C.J., would grant.

HUGHES, J., would grant.

GENOVESE, J., would grant and assigns reasons.

GENOVESE, J., would grant this writ for the following reasons:

This is a summary judgment legal malpractice case. Both sides have competing, contradictory, and irreconcilable expert opinions and reports. When there are two competing experts with opposing views, the fact finder must make the determination as to whom to rely upon. This requires a review and weighing of the facts and evidence presented. A trial court judge is not permitted to weigh evidence or judge credibility in a summary judgment proceeding. That is precisely what occurred in this case. There are genuine issues of material fact presented which prohibit the grant of summary judgment. I would grant this writ, reverse the lower courts' grant of summary judgment, deny defendants' motion *1023for summary judgment, and remand for further proceedings.

Cite This Page — Counsel Stack

Bluebook (online)

268 So. 3d 1022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brunswick-seafood-inc-v-williams-law-grp-llc-la-2019.