Eddie L. Collier, III and Terrell Collier v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, and John P. Miller

Louisiana Court of Appeal

Eddie L. Collier, III and Terrell Collier v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, and John P. Miller

DecidedApril 13, 2023

Docket2023CW0003

StatusUnknown

This text of Eddie L. Collier, III and Terrell Collier v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, and John P. Miller (Eddie L. Collier, III and Terrell Collier v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, and John P. Miller) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Eddie L. Collier, III and Terrell Collier v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, and John P. Miller, (La. Ct. App. 2023).

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT EDDIE L. COLLIER, III AND NO. 2023 CW 0003 TERRELL COLLIER

VERSUS BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND APRIL 13, 2023 MECHANICAL COLLEGE AND JOHN P. MILLER

In Re: The Board of Supervisors of Louisiana State University and Agricultural and Mechanical College ( "LSU") , and Michael Clay Crain, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 654579.

BEFORE: McCLENDON, HOLDRIDGE, AND GREENE, JJ.

WRIT DENIED. The criteria set forth in Herli tz Construction Co., Inc. v. Hotel Invest~rs of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are' not met.

PMc HG

Holdridge, J., dissents and would grant the writ application. I find the plaintiffs fai~ed to present sufficient evidence to demonstrate that a genuine issue of material fact exists as to their civil conspiracy claims. See New Orleans Jazz & Heritage Found., Inc. v. Kirksey, 2009-1433(La. App. 4th Cir. 5/26/10), 40 So.3d 394, 408, writ .denied, 2010-1475 (La. 10/1/10), 45 So.3d 1100 ("The actionabld element under [La. Civ. Code art.] 2324 is the intentional tort the conspirators agreed to commit and committed in whole or in part causing plaintiff's injury.") . Accordingly, I would grant the motion for partial summary judgment filed by Board of Supervisors of Louisiana State University and Agricultural and Mechanical College and Clay Crain, and dismiss plaintiffs' civil conspiracy claims.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT EDDIE L. COLLIER, III AND NO. 2023 CW 0003 TERRELL COLLIER

VERSUS BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND APRIL 13, 2023 MECHANICAL COLLEGE AND JOHN P. MILLER

In Re: The Board of Supervisors of Louisiana State University and Agricultural and Mechanical College ( "LSU") , and Michael Clay Crain, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 654579.

BEFORE: McCLENDON, HOLDRIDGE, AND GREENE, JJ.

WRIT DENIED. The criteria set forth in Herli tz Construction Co., Inc. v. Hotel Invest~rs of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are' not met.

PMc HG

Holdridge, J., dissents and would grant the writ application. I find the plaintiffs fai~ed to present sufficient evidence to demonstrate that a genuine issue of material fact exists as to their civil conspiracy claims. See New Orleans Jazz & Heritage Found., Inc. v. Kirksey, 2009-1433(La. App. 4th Cir. 5/26/10), 40 So.3d 394, 408, writ .denied, 2010-1475 (La. 10/1/10), 45 So.3d 1100 ("The actionabld element under [La. Civ. Code art.] 2324 is the intentional tort the conspirators agreed to commit and committed in whole or in part causing plaintiff's injury.") . Accordingly, I would grant the motion for partial summary judgment filed by Board of Supervisors of Louisiana State University and Agricultural and Mechanical College and Clay Crain, and dismiss plaintiffs' civil conspiracy claims.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT

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