STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT PAUL M. LEVERT, AUGUST J. NO. 2022 CW 0705 LEVERT, JR., FAMILY, L.L.C., RONALD R. LEVERT, MARK W.

LEVERT, JR., JOHN E.

SANFORD, JAMES L. SANFORD, AND CAMPO E. MATENS VERSUS UNION TEXAS INTERNATIONAL CORPORATION, CHEVRON U.S.A.

INC., KEY PRODUCTION COMPANY, INC., ATLANTIC RICHFIELD COMPANY, AND NOVA CHEMICALS OLEFINS LLC SEPTEMBER 12, 2022

In Re: Paul M. Levert, August J. Levert, Jr., Family, L.L.C., Ronald R. Levert, Mark W. Levert, Jr., John E.

Sanford, James L. Sanford, and Campo E. Matens, applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 45335.

BEFORE : WELCH, PENZATO, AND LANIER, JJ.

WRIT DENIED.

AHP WIL Welch, J., dissents and would reverse the trial court’s May 25, 2022 judgment sustaining defendants’ dilatory exceptions of improper cumulation of actions and severing for the purposes of trial plaintiffs’ claims against Chevron U.S.A., Inc. and Key Production Company, Inc. from plaintiffs’ claims against Union Texas International Corporation, Atlantic Richfield Company, and Nova Chemicals Olefin LLC. I find cumulation against these defendants is proper as there is a community of interest between them. see La. Code Civ. P. art. 463(1). Here, plaintiffs alleged the collective action of several defendants damaged their property. Because there is an overall injury for which each defendant may have some degree of liability, it is commonsensical to proceed in a single lawsuit in a single forum.

To proceed otherwise may result in piecemeal litigation of overlapping factual and legal issues and inconsistent judgments.

See Parish v. BEPCO, L.P., No. 2013-6704, 2015 WL 4097062 (E.D.

La. 7/7/15).

COURT OF APPEAL, FIRST CIRCUIT Asn) DEPUTY CLERK OF COURT FOR THE COURT