Supreme Court of Louisiana, 2015

Nellie Pierce v. Atlantic Richfield Company

Supreme Court of Louisiana · Decided March 17, 2015 · Weimer, Guidry

166 So. 3d 996; 2015 La. LEXIS 484; 2015 WL 1214653 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Heirs of Lydia Bergeron, Wife of/and Sidney J. Simoneaux Land Partnership, a Limited Partnership v. B-P Amoco, Amerada Hess Corporation, Wm. T. Burton Industries, Inc., Brock Exploration Corporation, Mongrue Oil Company, Inc., Northwest Oil Company, Lynal, Incorporated, Quintana Petroleum Corporation, Quintana Petroleum (u.S.), Inc. (La. Ct. App. 2023)

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Opinion

Supreme Court of Louisiana

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #013 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 17th day of March, 2015, are as follows: PER CURIAM:

2014-C -1233 NELLIE PIERCE, ET AL. v. ATLANTIC RICHFIELD COMPANY, ET AL.

(Parish of Vermilion) Accordingly, the lower courts judgments are reversed, and the case is remanded to the district court for further proceedings. WEIMER, J., concurs, and assigns reasons.

GUIDRY, J., concurs and assigns reasons.

NO. 2014-C-1233

NELLIE PIERCE, ET AL.

VERSUS

ATLANTIC RICHFIELD COMPANY, ET AL.

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL,

THIRD CIRCUIT, PARISH OF VERMILION PER CURIAM

Because Eagle Pipe & Supply, Inc. v. Amerada Hess Corp., 10-2267, 10-2275, 10-2279, 10-2289 (La. 10/25/11), 79 So. 3d 246, addressed subsequent purchaser rights following a sale, which are distinguishable from the rights acquired through a succession transfer, we find Eagle Pipe is not dispositive of the exceptions of no right of action filed by the defendants in this case. Accordingly, the lower court judgments are reversed, and the case is remanded to the district court for further proceedings.1

NO. 2014-C-1233 NELLIE PIERCE, ET AL. VERSUS

ATLANTIC RICHFIELD COMPANY, ET AL.

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT,

PARISH OF VERMILION

WEIMER, J., concurring.

I concur in the result. See Eagle Pipe and Supply, Inc. v. Amerada Hess Corp., 10-2267, 10-2275, 10-2279, 10-2289 (La. 10/25/11), 79 So.3d 246 (Weimer, J., dissenting at pp. 284-88, 291-93).

No. 2014-C-1233 NELLIE PIERCE, ET AL. VERSUS

ATLANTIC RICHFIELD COMPANY, ET AL.

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL

THIRD CIRCUIT, PARISH OF VERMILLION GUIDRY, J., concurs and assigns reasons.

I concur in the result of our per curiam decision today. I write separately to point out that our reversal of the lower courts’ rulings, because they relied on the subsequent purchaser doctrine as applied in Eagle Pipe & Supply, Inc. v. Amerada Hess Corp., 10-2267, 10-2275, 10-2279, 10-2289 (La. 10/25/11), 79 So.3d 246, does not address the merits of any other basis for the defendants’ exceptions or defenses, including extinguishment of the plaintiffs’ claims by confusion and prescription or peremption.

1 Plaintiffs also included Nellie Pierce and Pierce Enterprises. The court of appeal concluded “[i]t is undisputed that neither Mrs. Pierce nor Pierce Enterprises have any ownership interest in any of the property at issue before the court.” The parties limited their arguments to the rights of the Pierce children as “universal legatees.” Therefore, the rights of Nellie Pierce and Pierce Enterprises are not at issue.

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