Opinion

Williams v. Orleans Levee District & Its Board of Commissioners

  • 24 So. 3d 307
  • 2009 La. App. LEXIS 1899
  • 2009 WL 3677700
Court
Louisiana Court of Appeal
Filed
Nov 4, 2009
Status
Published
Author
Murray
On the bench
Murray, Kirby, Love
Cited by
3 cases
Authority
More cited than 7.6%

Reversed in part, on other grounds by Williams v. Orleans Levee District, 31 So. 3d 1048 (2010)

The opinion

MURRAY, J.,

concurs with reasons.

| ^though I agree with the result the majority reaches, I write separately to address the issue of the State’s exception of res judicata. The State’s exception is based on the doctrine of virtual represen *315 tation, a federal court concept the Louisiana Supreme Court applied in Forum for Equality PAC v. McKeithen, 04-2551 (La.1/19/05), 893 So.2d 738 . Distinguishing this case on the facts from McKeithen, supra, the majority finds the virtual representation doctrine does not apply.

Subsequent to the decision in the McKeithen case, the United States Supreme Court in Taylor v. Sturgell, 553 U.S. 880 , 128 S.Ct. 2161 , 171 L.Ed.2d 155 (2008), disapproved the doctrine of preclusion by virtual representation. The Supreme Court held that “[t]he preclusive effects of a judgment in a federal-question case decided by a federal court should instead be determined according to the established grounds for nonparty preclusion.” Sturgell , 553 U.S. at -, 128 S.Ct. at 2178 . It is therefore unnecessary to reach the issue of whether the disapproved doctrine of preclusion by virtual representation applies. Since the State (a nonparty to the prior litigation) has cited no other basis for finding res judicata applies, the trial court correctly denied its exception.

For these reasons, I concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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