Legal Opinion
Smith Ex Rel. Upchurch v. McGuire Funeral Home, Inc.
Louisiana Court of Appeal
Decided June 1, 2011No. 46,326-CAPublishedCited by 5 opinions
1Opinion of the CourtStewart, J.
1 jThe plaintiffs appeal two judgments, one denying their motion for class certification and one sustaining the peremptory exception of no right of action in favor of American Bank and Trust Company (“American”), a defendant herein. For reasons explained in this opinion, we affirm the judgment in favor of American, but we reverse the judgment that denied certification and remand for further proceedings.
FACTS
On March 26, 2008, Mary Susan Darnell Smith (“Smith”), through her agent Suzanne Smith Upchurch, filed a class action complaint against McGuire Funeral Home, Inc., and William J. McGuire…
2Cases cited8 opinions
- La. Paddlewheels v. La. Riverboat GamingSupreme Court of Louisiana · 1994
- McCastle v. Rollins Environmental Services of La., Inc.Supreme Court of Louisiana · 1984
- Howard v. Willis-Knighton Medical CenterLouisiana Court of Appeal · 2006
- Marsh v. USAgencies Cas. Ins. Co.Louisiana Court of Appeal · 2007
- Sellers v. El Paso Industrial Energy, L.P.Louisiana Court of Appeal · 2009
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