Henry Norris Williams v. The Dow Chemical Company

Louisiana Court of Appeal

Henry Norris Williams v. The Dow Chemical Company

DecidedAugust 21, 2019

Docket2019CW1104

StatusUnknown

This text of Henry Norris Williams v. The Dow Chemical Company (Henry Norris Williams v. The Dow Chemical Company) 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.

Bluebook

Henry Norris Williams v. The Dow Chemical Company, (La. Ct. App. 2019).

Pincite

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT HENRY NORRIS WILLIAMS AND NO. 2019 CW 1104 BETTY WILLIAMS VERSUS THE DOW CHEMICAL COMPANY, ET AUGUST 21, 2019 AL

In Re: ExxonMobil Corporation, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 74597.

BEFORE: WHIPPLE, C.J., McCLENDON, HIGGINBOTHAM, PENZATO, AND LANIER, JJ.

STAY DENIED; WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.

VGW PMc TMH

Penzato and Lanier, JJ., concur in part and dissent in part. We concur in the denial of the stay. However, we dissent and would grant the writ in part and reverse the ruling of the trial court which denied defendant's motion in limine seeking to introduce plaintiffs' pleadings as to Dow Chemical Company. A judicial confession is an express acknowledgment of an adverse fact. Dean v. State Farm Mutual Automobile Ins. Co., 51,243 (La. App. 2d Cir. 4/5/17), 217 So.3d 611. Defendant, ExxonMobil Corporation, should be allowed, subject to any other evidentiary limitations, to introduce plaintiffs' pleadings and/ or to utilize same in examination of witnesses, to the extent such pleadings constitute an express acknowledgement of an adverse fact. The jury can be properly instructed as to the appropriate burden of proof to be borne by the respective parties.

COURT OF APPEAL, FIRST CIRCUIT

OF FOR THE COURT

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

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT HENRY NORRIS WILLIAMS AND NO. 2019 CW 1104 BETTY WILLIAMS VERSUS THE DOW CHEMICAL COMPANY, ET AUGUST 21, 2019 AL

In Re: ExxonMobil Corporation, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 74597.

BEFORE: WHIPPLE, C.J., McCLENDON, HIGGINBOTHAM, PENZATO, AND LANIER, JJ.

STAY DENIED; WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.

VGW PMc TMH

Penzato and Lanier, JJ., concur in part and dissent in part. We concur in the denial of the stay. However, we dissent and would grant the writ in part and reverse the ruling of the trial court which denied defendant's motion in limine seeking to introduce plaintiffs' pleadings as to Dow Chemical Company. A judicial confession is an express acknowledgment of an adverse fact. Dean v. State Farm Mutual Automobile Ins. Co., 51,243 (La. App. 2d Cir. 4/5/17), 217 So.3d 611. Defendant, ExxonMobil Corporation, should be allowed, subject to any other evidentiary limitations, to introduce plaintiffs' pleadings and/ or to utilize same in examination of witnesses, to the extent such pleadings constitute an express acknowledgement of an adverse fact. The jury can be properly instructed as to the appropriate burden of proof to be borne by the respective parties.

COURT OF APPEAL, FIRST CIRCUIT

OF FOR THE COURT

Cite This Page — Counsel Stack

Bluebook (online)

Henry Norris Williams v. The Dow Chemical Company, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-norris-williams-v-the-dow-chemical-company-lactapp-2019.

Opinion

Related

Cite This Page — Counsel Stack