Gagnard v. Arch Insurance Co.

Supreme Court of Louisiana

Gagnard v. Arch Insurance Co.

98 So. 3d 866, 2012 WL 5265744, 2012 La. LEXIS 2797

Supreme Court of Louisiana·Decided October 8, 2012·No. No. 2012-CC-1364·Published

Opinion

In re Arch Insurance Company, et al.; Gilchrist Construction Company, L.L.C.; Looney, Michael J.; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Avoyelles, 12th Judicial District Court Div. A, No. 2008-2859-A; to the Court of Appeal, Third Circuit, No. CW12-00272.

Granted. The judgment of the district court striking the defendants’ request for a jury trial is reversed. See Berrigan v. Deutseh, Kerrigan & Stiles, 04-0189 (La.3/26/04), 871 So.2d 332 (the right of a litigant to a jury trial is fundamental in character and the courts will indulge every presumption against waiver, loss, or forfeiture thereof).

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In re Arch Insurance Company, et al.; Gilchrist Construction Company, L.L.C.; Looney, Michael J.; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Avoyelles, 12th Judicial District Court Div. A, No. 2008-2859-A; to the Court of Appeal, Third Circuit, No. CW12-00272.

Granted. The judgment of the district court striking the defendants’ request for a jury trial is reversed. See Berrigan v. Deutseh, Kerrigan & Stiles, 04-0189 (La.3/26/04), 871 So.2d 332 (the right of a litigant to a jury trial is fundamental in character and the courts will indulge every presumption against waiver, loss, or forfeiture thereof).

Gagnard v. Arch Insurance Co., 98 So. 3d 866, 2012 WL 5265744, 2012 La. LEXIS 2797 (La. 2012).

Pincite

98 So. 3d 866 (Gagnard v. Arch Insurance Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.