Johnson v. Byrd

Supreme Court of Louisiana

Johnson v. Byrd

210 So. 3d 800, 2017 La. LEXIS 467

CourtSupreme Court of Louisiana

DecidedFebruary 24, 2017

DocketNo. 2017-CC-0115

StatusPublished

This text of 210 So. 3d 800 (Johnson v. Byrd) 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

Johnson v. Byrd, 210 So. 3d 800, 2017 La. LEXIS 467 (La. 2017).

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Opinion

Hughes, J.,

would grant the writ and assigns reasons.

|,I respectfully dissent and would grant the writ. The defendant did not solicit or conduct business in Louisiana. He did not advertise in Louisiana; his business was known by “word of mouth.” He did not seek the business, it came to him. His posture was passive, not active.

Furthermore, the action involved, a dog bite, has nothing to do with his engine repair business. Had the dog bitten a neighbor, the mailman, or a salesman the result should be the same. Jurisdiction does not constitutionally lie in Louisiana under these facts.

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Hughes, J.,

would grant the writ and assigns reasons.

|,I respectfully dissent and would grant the writ. The defendant did not solicit or conduct business in Louisiana. He did not advertise in Louisiana; his business was known by “word of mouth.” He did not seek the business, it came to him. His posture was passive, not active.

Furthermore, the action involved, a dog bite, has nothing to do with his engine repair business. Had the dog bitten a neighbor, the mailman, or a salesman the result should be the same. Jurisdiction does not constitutionally lie in Louisiana under these facts.

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Bluebook (online)

210 So. 3d 800, 2017 La. LEXIS 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-byrd-la-2017.