Law Industries, LLC v. State of Louisiana, Department of Education, Recovery School District, and Advanced Environmental Consulting, LLC

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

LAW INDUSTRIES, LLC NO. 2020 CW 0369

VERSUS

STATE OF LOUISIANA, DEPARTMENT OF JUL 22 2020
EDUCATION, RECOVERY SCHOOL
DISTRICT AND ADVANCED
ENVIRONMENTAL CONSULTING, INC.

In Re: Orleans Parish School Board and Choice Foundation,

applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 676874.

BEFORE: WELCH, HOLDRIDGE, AND BURRIS,' JJ.

WRIT NOT CONSIDERED. Although relators, the Orleans Parish

School Board and the Choice Foundation, included a copy of the
pertinent court minutes from the November 18, 2019 hearing, the
minutes indicate that documentary evidence was introduced at the
hearing without further explanation or identification of such

evidence. This court therefore requests a copy of the

transcript from the November 18, 2019 hearing.
Supplementation of this writ application and/ or an

application for rehearing will not be considered. Uniform Rules
of Louisiana Courts of Appeal, Rules 4- 9& 2- 18. 7.
In the event relators seek to file a new application with

this court, it must contain all pertinent documentation, the

missing items noted above, and must comply with Uniform Rules of
Louisiana Courts of Appeal, Rule 2- 12. 2. Any new application
must be filed on or before August 19, 2020, and must contain a

copy of this ruling.

GH
WJB

Welch, J., dissents and would grant the writ. Pursuant to
La. Code Civ. P. art. 641, I find that complete relief can be
granted herein among those already parties, and while the
Orleans Parish School Board and the Choice Foundation claim an

interest relating to this subject matter, they are not situated

such that an adjudication in their absence would impair or

impede their ability to protect that interest or leave the
parties herein subject to a substantial risk of multiple or

inconsistent obligations as the damages sought herein differ
from those sought in the case pending in the Civil District
Court in the Parish of Orleans. Therefore, I would reverse the
trial court' s March 12, 2020 judgment sustaining the exception

of nonjoinder filed by Advanced Environmental Consulting, LLC.

COU OF APPEAL, FIRST CIRCUIT
1

DEPUTY CLERK OF COURT
FOR THE COURT

Judge William J. Burris, retired, serving pro tempore by special appointment
of the Louisiana Supreme Court.