2021-CC-00716 Precedential Stay denied. Writ application denied. Processed

The Estate Of Jesse Clarence Brown, Sr. v. New York Life Insurance Company And Jim Donelon In His Capacity As Commissioner Of Insurance

Louisiana Supreme Court · Filed October 12, 2021

Opinion text

Supreme Court of Louisiana
October 12, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
THE ESTATE OF JESSE CLARENCE
BROWN, SR.
VS.
NEW YORK LIFE INSURANCE COMPANY
AND JIM DONELON IN HIS CAPACITY AS
COMMISSIONER OF INSURANCE
No. 2021-CC-00716
_ _ _ _
_ _
IN R
E: Jesse Clarence Brown, Jr. - Applicant Plaintiff; Danna Derrell Brown -
Applicant Plaintiff; Rene Felippe Brown - Applicant Plaintiff; Delicia Carrie
Marshall - Applicant Plaintiff; Applying For Supervisory Writ, Parish of Tensas, 6th
Judicial District Court Number(s) 24,065, Court of Appeal, Second Circuit,
Number(s) 54,067-CW;
_ _ _ _ _ _
October 12, 2021
Stay denied. Writ application denied. See order.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
10/12/2021 "See News Release 041 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 2021-CC-00716
THE ESTA
TE OF JESSE CLARENCE BROWN, SR.
VS.
NEW YORK LIFE INSURANCE COMPANY AND JIM DONELON IN HIS
CAPACITY AS COMMISSIONER OF INSURANCE
OR
DER
C
onsidering the “Motion of New York Life Insurance Company for Damages
and Costs for the Filing of a Second Frivolous Application to the Louisiana Supreme
Court for a Writ of Certiorari,”
IT IS ORDERED that plaintiffs be and hereby are sanctioned pursuant to La.
Code Civ. P. art. 2164 for filing a frivolous writ application and are ordered to pay
damages in the form of attorney fees and costs to New York Life Insurance Co.
IT IS FURTHER ORDERED that the case be remanded to the district court
to conduct an evidentiary hearing in order to fix the appropriate amount of damages.
IT IS FURTHER ORDERED that the clerk of this court shall transmit a copy
of plaintiffs’ writ application to the Office of Disciplinary Counsel for a
determination of whether disciplinary charges against plaintiffs’ counsel are
warranted.
NEW ORLEANS, LOUISIANA, this _______ day of October 2021.
F
OR THE COURT:
________________________________________
JUSTICE, SUPREME COURT OF LOUISIANA
10/12/21