2024-OC-00497 Precedential Granted Processed

Ramelli Janitorial Service, Inc. v. IV Waste, L.L.C.

Louisiana Supreme Court · Filed May 29, 2024

The holding in the court’s own words

Although we find no evidence of actual bias, we conclude that defendant’s counsel’s role as campaign chairperson for two of the judges on the appellate panel provides a substantial and objective basis that would reasonably be expected to prevent the judge s from conducting any aspect of the cause in a fair and impartial manner.

Quoted verbatim from the opinion — no paraphrase, nothing generated. Not yet human-reviewed. How we find the holding.

Opinion text

Supreme Court of Louisiana
May 29, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
RAMELLI JANITORIAL SERVICE, INC.
VS.
IV WASTE, L.L.C.
No. 2024-OC-00497
_ _
_ _ _ _
I
N RE: Ramelli Janitorial Service, Inc. - Applicant Plaintiff; Applying For
Supervisory Writ, Parish of Orleans Civil, Civil District Court Number(s) 2020-
03606, Court of Appeal, Fourth Circuit, Number(s) 2024-C-022;
_ _ _ _ _ _
May 29, 2024
Writ application granted. See per curiam.
Crichton, J., concurs in the result for reasons assigned by Justice Griffin.
Genovese, J., dissents.
Crain, J., dissents and assigns reasons.
Griffin, J., concurs in the result and assigns reasons.
JLW
JDH
JBM
05/29/2024 "See News Release 025 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2024-OC-00497
RAMELLI JANITORIAL SERVICE, INC.
VS.
IV WASTE, L.L.C.
On Supervisory Writ to the Civil District Court, Parish of Orleans Civil
PER CURIAM
Granted. Although we find no evidence of actual bias, we conclude that
defendant’s counsel’s role as campaign chairperson for two of the judges on
the appellate panel provides a substantial and objective basis that would
reasonably be expected to prevent the judge s from conducting any aspect of
the cause in a fair and impartial manner. La. Code Civ. P. art. 151(B).
Accordingly, the judgment of the ad hoc judge is reversed, and the
motions to recuse Judge Nakisha Ervin-Knott and Judge Rachael Johnson are
granted. The case is remanded to the court of appeal to randomly allot two of
its judges to sit in place of the recused judges pursuant to La. Code Civ. P. art.
158(B) and to consider the merits of the pending writ application.
05/29/24