The Lathan Company v. State of Louisiana, Department of Education

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT THE LATHAN COMPANY NO. 2026 CW 0545 VERSUS STATE OF LOUISIANA, DEPARTMENT OF EDUCATION, RECOVERY SCHOOL DISTRICT, AND JOHN WHITE IN HIS OFFICIAL CAPACITY AS THE STATE OF LOUISIANA SUPERINTENDENT OF EDUCATION CONSOLIDATED WITH GUARANTEE COMPANY OF NORTH AMERICA VERSUS STATE OF LOUISIANA, DEPARTMENT OF EDUCATION, RECOVERY SCHOOL DISTRICT JUNE 17, 2026 In Re: The Lathan Company, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of Fast Baton Rouge, No. 612067 c/w 635780.

BEFORE : WOLFE, HESTER, AND BALFOUR, JJ.

WRIT DENIED.

EW CHH Balfour, J., dissents and would grant the writ. The underlying question in any unfair trade practices case is whether the defendant’s acts and conduct were reasonable.

Balthazar v. Hensley R. Lee Contracting, Ine., 2016-0920 (La. App 4th Cir. 3/15/17), 214 So.3d 1032, 1043, writ denied, 2017- O777 (La. 9/22/17), 228 So.3d 741. Issues that require the determination of reasonableness of acts and conduct of parties under all facts and circumstances of the case cannot ordinarily be disposed of by summary judgment. Greater Lafourche Port Comm’n v. James Const. Grp., L.L.C., 2011-1548 (La. App. ist Cir. 9/21/12), 104 So.3d 84, 88. In the instant case, I find that a jury is the proper party to measure the reasonableness of the defendant’s acts and conduct under the Louisiana Unfair Trade Practices Act. [\~ OF APPEAL, FIRST CIRCUIT L Ru So \ 4 YY. HO DEPUTY CLERK OF COURT \) FOR THE COURT