APPEAL: Writ Granted; Relief Denied

Victory!  The Fourth Circuit Court of Appeal for the State of Louisiana agrees that New Orleans is a proper venue and that other survival action claimants are not necessary parties for purposes of joinder.

In this premises liability case, a fatal shooting occurred in the parking lot of a Waffle House in New Orleans. Two suits were filed, the first in New Orleans and the other in Georgia. In the trial court, the Defendant filed a Motion for Forum Non Conveniens and an Exception of Nonjoinder.  The District Court Judge ruled for us and dismissed both pleadings.  Then the defendant applied for a writ, asking the fourth circuit to consider the issue.  The fourth circuit granted the writ--which means it agreed to consider the issues. 

Ultimately, the fourth circuit denied all the relief the defendant sought.

See below:

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