Carriere v. Union Pac. R.R. Co.

Supreme Court of Louisiana

Carriere v. Union Pac. R.R. Co.

272 So. 3d 540

CourtSupreme Court of Louisiana

DecidedJune 3, 2019

Docket2019-CC-0592

StatusPublished

This text of 272 So. 3d 540 (Carriere v. Union Pac. R.R. Co.) 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

Carriere v. Union Pac. R.R. Co., 272 So. 3d 540 (La. 2019).

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Opinion

*541I would grant this writ because, in my view, the trial court's imposition of $300,000 in special master fees and costs against defendant in this case was an abuse of discretion. See La. C.C.P. art. 1920. Further, this amount was imposed after the defendant had already advanced in excess of $ 100,000 to the special master. Under the circumstances of this case, in which causation and damages have yet to be determined, I consider this amount excessive and violative of the reasonableness requirement of R.S. 13:4165(D).

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*541I would grant this writ because, in my view, the trial court's imposition of $300,000 in special master fees and costs against defendant in this case was an abuse of discretion. See La. C.C.P. art. 1920. Further, this amount was imposed after the defendant had already advanced in excess of $ 100,000 to the special master. Under the circumstances of this case, in which causation and damages have yet to be determined, I consider this amount excessive and violative of the reasonableness requirement of R.S. 13:4165(D).

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Bluebook (online)

272 So. 3d 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carriere-v-union-pac-rr-co-la-2019.