Hill v. Hebert

169 So. 3d 731, 15 La.App. 3 Cir. 11, 2015 La. App. LEXIS 1253, 2015 WL 3875423
CourtLouisiana Court of Appeal
DecidedJune 24, 2015
DocketNo. 15-11
StatusPublished

This text of 169 So. 3d 731 (Hill v. Hebert) 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
Hill v. Hebert, 169 So. 3d 731, 15 La.App. 3 Cir. 11, 2015 La. App. LEXIS 1253, 2015 WL 3875423 (La. Ct. App. 2015).

Opinion

GREMILLION, Judge.

hThe defendants, a sheriff and five of his deputies, appeal the trial court’s judgment certifying a class action suit against them. For the following reasons, we affirm and remand with instructions consistent with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

This case involves the defendants’ use of tear gas to disburse a crowd on September 24, 2006, during the Sugar Cane Festival in New Iberia, Louisiana. Various deputies deployed the tear gas three separate times at three different locations.

The plaintiffs filed a class action petition for damages in April 2009. Their motion for class certification was filed in August 2011. Following hearings in the summer of 2013, the trial court granted the class certification. In a lengthy judgment rendered in June 2014, the trial court found that the requirements of La.Code Civ.P. art. 591(A) and (B)(3) were met, and that there were questions of law and fact common to the class that predominated over questions affecting only individual members. The defendants appeal that class certification and assign as error:

1. The trial court erred in finding the plaintiffs satisfied the commonality requirement.
2. The trial court erred in finding that questions of law and fact common to the class predominate over questions affecting only individual members.
3. The trial court erred in finding that a class action is superior to other available methods of fair and efficient adjudication of the controversy.
4. The trial court erred in finding the typicality requirement was satisfied.
[⅞5. The trial court erred in finding that the class representatives fairly and adequately protect the interest of the class.

DISCUSSION

The Louisiana Supreme Court has set forth the law regarding class action certification as follows:

“ ‘[A] class action is a nontraditional litigation procedure that permits a representative with typical claims to sue or defend on behalf of, and stand in judgment for, a class of similarly situated persons when the question is one of common interest to persons so numerous as to make it impracticable to bring them all before the court.’ ” Dupree [v. Lafayette Ins. Co.], 09-2602 at 6 [ (La.11/30/10) ], 51 So.3d [673] at 679, citing Brooks [v. Union Pacific Railroad Co.,] 08-2035 at 10-11 [ (La.5/22/09) ], 13 So.3d [546] at 554. The purpose and intent of the class action is to adjudicate and obtain res judi-cata effect on all common issues applicable not only to persons who bring the action, but also to all others “similarly situated.” Id.
The class action is an exception to the rule that litigation be conducted by and on behalf of the individual named parties [733]*733only. Wal-Mart Stores, Inc. v. Dukes, — U.S. -, 131 S.Ct. 2541, 2550, 180 L.Ed.2d 374[] (2011). Thus, the determination of whether a class action meets the requirements imposed by law requires a “rigorous analysis.” Dupree, 09-2602 at 6, 51 So.3d at 697; Brooks, 08-2035 at 10, 13 So.3d at 554. Such an analysis requires the district court to “evaluate, quantify and weigh [the relevant factors] to determine to what extent the class action would in each instance promote or detract from the goals of effectuating substantive law, judicial efficiency, and individual fairness.” McCastle [v. Rollins Environmental Semces of Louisiana, Inc.] 456 So.2d [612] at 618 [La.1984]. In so doing, the court “must actively inquire into every aspect of the case and should not hesitate to require showings beyond the pleadings.” Id. In practice, the analysis will frequently entail overlap with the merits of the underlying claim. Wal-Mart Stores, Inc., 131 S.Ct. at 2551.
Class action rules do not set forth a mere pleading standard; rather “[a] party seeking class certification must affirmatively demonstrate his compliance with the Rule-that is, he must be prepared to prove that there are in fact sufficiently numerous parties, common questions of law or fact, etc.” Wal-Mart Stores, Inc., 131 S.Ct. at 2551.
While any errors to be made in deciding class action issues should, as a general rule, be in favor of and not against the maintenance of the class action because a class certification is always subject to modification or decertification if later developments so lsrequire, see La. C.C.P. art. 592(A)(3)(c), that general rule cannot and should not be used as a substitute for the rigorous analysis required to determine whether the prerequisites of Louisiana’s class action provisions have in fact been satisfied. See McCastle, 456 So.2d at 616 (La. C.C.P. art. 591 requires a “close look” at a case before it is accepted as a class action).
In reviewing a judgment on class certification, the district court’s factual findings are subject to the manifest error standard, while the court’s ultimate decision regarding whether to certify the class is reviewed under the abuse of discretion standard. Brooks, 08-2035 at 10, 13 So.3d at 554. Whether the district court applied the correct legal standard in determining whether to certify the class is reviewed de novo. Brooks, 08-2035 at 11,13 So.3d at 554.

Price v. Martin, 11-853 pp. 6-8 (La.12/6/11), 79 So.3d 960, 966-967 (footnotes omitted).

Louisiana Code of Civil Procedure Articles 591 and 592 address the prerequisites, summarily referred to as numerosity, commonality, typicality, adequacy of representative parties, and objectively definable class, necessary to maintain a class action and the certification procedure undertaken by the trial court. Pursuant to La.Code Civ.P. art. 591(A):

One or more members of a class may sue or be sued as representative parties on behalf of all, only if:
(1) The class is so numerous that join-der of all members is impracticable.
(2) There are questions of law or fact common to the class.
(3) The claim or defenses of the representative parties are typical of the claims or defenses of the class.
(4) The representative parties will fairly and adequately protect the interests of the class.
(5) The class is or may be defined objectively in terms of ascertainable criteria, such that the court may determine the constituency of the class for purposes of the conclusiveness of [734]*734any judgment that may be rendered in the case. This prerequisite shall not be satisfied if it is necessary for the court to inquire into the merits of each potential class member’s cause |4of action to determine whether an individual falls within the defined class.

Paragraph B of La.Code Civ.P. art. 591 further requires that, in addition to the previous prerequisites being met, the commonality requirements must also be met, more specifically in this case:

(3) The court finds that questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.

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Related

Wal-Mart Stores, Inc. v. Dukes
131 S. Ct. 2541 (Supreme Court, 2011)
Duhe v. Texaco, Inc.
779 So. 2d 1070 (Louisiana Court of Appeal, 2001)
Price v. Martin
79 So. 3d 960 (Supreme Court of Louisiana, 2011)

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Bluebook (online)
169 So. 3d 731, 15 La.App. 3 Cir. 11, 2015 La. App. LEXIS 1253, 2015 WL 3875423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-hebert-lactapp-2015.