US Court of Appeals for the Fifth Circuit Opinions
June Medical Svcs v. Phillips

Docket: 22-30425
Opinion Date: September 21, 2022
Judge: E. Grady Jolly
Areas of Law: Civil Procedure, Constitutional Law

Following Dobbs v. Jackson Women’s Health Org., 142 S. Ct. 2228 (2022), the State of Louisiana filed an “emergency Rule 60(b) motion to vacate permanent injunction” concerning the enforcement of Act 620, which requires physicians performing abortions to have “active admitting privileges” within thirty miles of the facility at which the abortions are performed. La. R.S. 40:1299.35.2(A)(2). It requested relief forthwith or, alternatively, relief within two days of filing its motion. Two days later, the district court denied the State’s motion. The State immediately filed an “emergency motion for reconsideration” and requested a ruling by the next day. The district court again denied the State’s motion.
 
The Fifth Circuit dismissed the appeal holding that the court lacks appellate jurisdiction. The court explained the district court’s orders cannot be read to have denied the underlying request for relief when the district court implicitly and explicitly stated its intent to defer a ruling on the matter. Further, the court reasoned that to have the “practical effect” of refusing to dissolve an injunction, the State must show that the orders have a “direct impact on the merits of the controversy.” The court noted that the district court’s orders did not touch the merits of the State’s underlying request for relief but, for the same reasons stated earlier, acted as the functional equivalent of a scheduling order. Lastly, the court held that the State has not shown it is entitled to mandamus.

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US Court of Appeals for the Fifth Circuit Opinions
NetChoice v. Paxton

Docket: 21-51178
Opinion Date: September 16, 2022
Judge: Andrew S. Oldham
Areas of Law: Constitutional Law

This case involves HB 20, a Texas statute that regulates large social media platforms. The law regulates platforms with more than 50 million monthly active users (“Platforms”), such as Facebook, Twitter, and YouTube. Tex. Bus. & Com. Code Section 120.002(b). In enacting HB 20, the Texas legislature found that the Platforms “function as common carriers are affected with a public interest, are central public forums for public debate, and have enjoyed governmental support in the United States.”  The platforms urged the Fifth Circuit to hold that the statute is facially unconstitutional and hence cannot be applied to anyone at any time and under any circumstances.
 
The Fifth Circuit vacated the preliminary injunction, explaining that the court rejects the idea that corporations have a freewheeling First Amendment right to censor what people say. The court explained that the Platforms’ attempt to extract freewheeling censorship right from the Constitution’s free speech guarantee. The Platforms are not newspapers. Their censorship is not speech. They’re not entitled to pre-enforcement facial relief. And HB 20 is constitutional because it neither compels nor obstructs the Platforms’ own speech in any way. The district court erred in concluding otherwise and abused its discretion by issuing a preliminary injunction.

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Louisiana Supreme Court Opinions
Carollo v. Louisiana Dept. of Transportation & Development

Docket: 2021-C-01670
Opinion Date: September 9, 2022
Judge: John L. Weimer
Areas of Law: Civil Procedure, Government & Administrative Law, Personal Injury

Certiorari was granted in this case to resolve a split in the decisions of the Louisiana courts of appeal regarding the relationship between La. C.C.P. art. 425 and the res judicata statutes, La. R.S. 13:4231 and 13:4232. Particularly, the Supreme Court considered whether Article 425 was an independent claim preclusion provision apart from res judicata such that identity of parties was not required to preclude a subsequent suit, or whether Article 425 merely referenced the requirements of res judicata and thus a claim could not be precluded unless it was between the same parties as a prior suit. After reviewing the law and the arguments of the parties, the Louisiana Supreme Court found Article 425 functioned simply as a measure that put litigants on notice at the outset and, during the course of litigation, all causes of action arising out of the transaction or occurrence that is the subject matter of the litigation must be asserted. "Rather than have independent enforcement effect, Article 425 operates in tandem with and is enforced through the exception of res judicata. Because Article 425 is enforced through res judicata, all elements of res judicata–including identity of parties–must be satisfied for a second suit to be precluded."

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A Louisiana law keeps special needs kids from getting care — one woman wants to change it



thehill.com/opinion/judiciary/3625810-a-louisiana-law-keeps-special-needs-kids-from-getting-care-one-woman-wants-to-change-it/

Loggerhead Holdings v. BP

Docket: 21-30573
Opinion Date: September 2, 2022
Judge: Leslie H. Southwick
Areas of Law: Energy, Oil & Gas Law, Personal Injury

Loggerhead Holdings, Inc., a holding company that owned a scuba diving cruise business, was one of many plaintiffs who brought suit against an oil company because of the explosion of an offshore drilling rig and the resulting discharge of a massive quantity of oil into the Gulf of Mexico. Loggerhead’s claims were dismissed on summary judgment.
 
The Fifth Circuit affirmed in part and reversed in part. The court explained that Loggerhead had been able to continue operations for several years despite its fraught financial condition, and indeed despite reporting net losses on its taxes for the three years preceding the disastrous events of April 2010 in the Gulf. Whether it could have continued to survive, if not thrive, had the April events not occurred presents a fact question. Thus, the court concluded that a reasonable factfinder could find the requisite causal link between the Deepwater Horizon disaster and Loggerhead’s demise. Summary judgment should not have been granted.
 
However, because Loggerhead was not able to offer more than Dixon’s allegations and an unsupported estimate — evidence “so weak or tenuous on an essential fact that it could not support a judgment in favor of the nonmovant” — the district court properly granted BP’s motion for summary judgment on the Section 2702(b)(2)(B) claim.

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ESG Practices Conflicting with Louisiana Law, AG Jeff Landry Issues Legal Guidance to State Retirement Systems



www.houmatimes.com/news/esg-practices-conflicting-with-louisiana-law-ag-jeff-landry-issues-legal-guidance-to-state-retirement-systems/

USA v. Mamoth

Docket: 21-40422
Opinion Date: August 29, 2022
Judge: Cory T. Wilson
Areas of Law: Constitutional Law, Criminal Law

Defendant appealed his guilty plea conviction for attempted bank robbery in violation of 18 U.S.C. Section 2113(a). Defendant contends that the district court violated Federal Rule of Criminal Procedure 11(c)(1) by improperly involving itself in plea negotiations and that he was deprived of his Sixth Amendment right to self-representation. Defendant, now represented by counsel, asserts that the district court violated Rule 11(c)(1) by participating in plea negotiations before the parties reached an agreement. Second, he contends that his Sixth Amendment right to self-representation was violated during the plea-bargaining process.
 
The Fifth Circuit affirmed holding that Defendant failed to show reversible error. The court held that the district court’s participation in negotiations here was far less egregious than that in other cases requiring reversal under the harmless error standard. Here, Defendant indicated that he understood the plea agreement, that it was voluntarily entered, and that his decision to plead guilty was based on conversations between himself, standby counsel, and the prosecution. These facts fall short of demonstrating manifest injustice.
 
Further, the court concluded, that Defendant was not deprived of his right to self-representation. From April 29, 2020, the date Defendant elected to proceed pro se, to January 8, 2021, the date of the plea discussions at issue. The court could not say Defendant was deprived of his right to self-representation by virtue of his exclusion from this one conference. At all times, Defendant maintained “actual control” over the plea negotiations.

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US Court of Appeals for the Fifth Circuit Opinions
Hignell-Stark v. City of New Orleans

Docket: 21-30643
Opinion Date: August 22, 2022
Judge: Jerry E. Smith
Areas of Law: Civil Procedure, Constitutional Law

This case involves three constitutional challenges to New Orleans’s regulation of short-term rentals (“STRs”)—the City’s term for the type of lodging offered on platforms such as Airbnb and Vrbo. The district court granted summary judgment to the City on two of those challenges but held that the third was “viable.” Both sides appealed.
 
The Fifth Circuit affirmed in part, vacated in part, and dismissed the City’s cross-appeal for lack of jurisdiction. Plaintiffs appealed the summary judgment on the dormant Commerce Clause claim and the Takings Clause claim. The City cross-appealed the “holding”—its term, not ours—that the prior-restraint claim is “viable.”
 
The court explained that first, the original licensing regime was explicit: An STR license is “a privilege, not a right.” Second, Plaintiffs’ interests in their licenses were not so longstanding that they can plausibly claim custom had elevated them to property interests. Together, those two factors yield one conclusion: Plaintiffs didn’t have property interests in the renewal of their licenses.  Next, the court agreed that the district court erred in granting summary judgment to the City on their challenge to the residency requirement. The court explained that the district court should have asked whether the City had reasonable nondiscriminatory alternatives to achieve its policy goals.

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Louisiana Supreme Court Opinions
Deal v. Perkins et al.

Docket: 2022-C-01212
Opinion Date: August 19, 2022
Judge: John L. Weimer
Areas of Law: Civil Procedure, Election Law, Government & Administrative Law

Adrian Perkins, the then-current mayor of Shreveport, Louisiana, sought reelection to that office. On July 22, 2022, Perkins signed and filed a notice of candidacy form, as required by La. R.S. 18:461 to become a candidate in a primary election. The requirements for the notice of candidacy set forth in La. R.S. 18:463 include a requirement that the candidate certify nine items. It was undisputed Perkins signed the form certifying all required statements and that his certification as to Item 8 on the notice of candidacy form, was incorrect. Perkins has two residences–Stratmore Circle and Marshall Street– both within the city of Shreveport. Although Perkins was registered to vote at the Stratmore Circle address at the time of his qualification, it was undisputed he maintained a homestead exemption at the Marshall Street residence. The two residences were in different voting precincts. Francis Deal, a qualified elector, filed a “Petition in Objection to Candidacy” asserting Perkins’ false certification on the notice of candidacy form disqualified him from being a candidate for mayor pursuant to La. R.S. 18:492. Deal also asserted that pursuant to La. R.S. 18:101(B), Perkins was required to be registered to vote in the precinct where he claimed his homestead exemption, and his failure to do so caused him to be an unqualified elector and candidate. After considering the evidence, the district court disqualified Perkins as a candidate in the primary election for the office of the Mayor of the city of Shreveport. The Louisiana Supreme Court reversed, holding that only those false certifications specifically listed in La. R.S. 18:492(A)(5) through (7) constituted grounds for objecting to a candidate. Because the certification at issue in this case was not specifically listed in La. R.S. 18:492, it could not serve as a basis to disqualify the candidate here.

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US Court of Appeals for the Fifth Circuit Opinions
Douglass v. Nippon Yusen Kabushiki

Docket: 20-30382
Opinion Date: August 16, 2022
Judge: Per Curiam
Areas of Law: Admiralty & Maritime Law, Civil Procedure, Constitutional Law, Personal Injury

Nippon Yusen Kabushiki Kaisha (“NYK”), incorporated and headquartered in Japan, is a major global logistics company that transports cargo by air and sea. On June 17, 2017, the ACX Crystal, a 730-foot container ship chartered by NYK, collided with the destroyer USS Fitzgerald in Japanese territorial waters. Personal representatives of the seven sailors killed sued NYK in federal court, asserting wrongful death and survival claims under the Death on the High Seas Act.  In both cases, the plaintiffs alleged that NYK, a foreign corporation, is amenable to federal court jurisdiction under Fed. R. Civ. P. 4(k)(2) based on its “substantial, systematic and continuous contacts with the United States as a whole. The district court granted NYK’s motion to dismiss for lack of personal jurisdiction under Fed. R. Civ. P. 12(b)(2).
 
The Fifth Circuit affirmed, rejecting Plaintiffs’ invitation to craft an atextual, novel, and unprecedented Fifth Amendment personal jurisdiction standard. The court explained that under the Supreme Court’s reigning test for personal jurisdiction, the district court did not err in absolving NYK from appearing in federal court. The court wrote that general jurisdiction over NYK does not comport with its Fifth Amendment due process rights. NYK is incorporated and headquartered in Japan. As a result, exercising general jurisdiction over NYK would require that its contacts with the United States “be so substantial and of such a nature to render [it] at home” in the United States. Here, NYK’s contacts with the United States comprise only a minor portion of its worldwide contacts.

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US Court of Appeals for the Fifth Circuit Opinions
Espinoza v. Humphries

Docket: 21-11202
Opinion Date: August 10, 2022
Judge: Jerry E. Smith
Areas of Law: Civil Procedure, Personal Injury

Plaintiff sued Defendant in a Texas federal court to recover unpaid legal fees. The federal rules allow service under the law of the state “where service is made,” Fed. R. Civ. P. 4(e)(1), so Plaintiff tried serving Defendant by publication under Florida law. But that publication notice was defective. Noting that defect, Defendant moved to vacate his default. Fed. R. Civ. P. 55(c). But the district court declined and soon entered a default judgment.

The Fifth Circuit vacated and remanded the district court’s judgment. The court held that it was an error for the district court to decline to consider Defendant’s objection to improper service. The court explained that because Defendant was never properly served, he showed good cause to set aside his default and the default judgment that followed.

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USA v. Perez

Docket: 21-50945
Opinion Date: August 3, 2022
Judge: Jerry E. Smith
Areas of Law: Constitutional Law, Criminal Law

Defendant made two social media posts indicating that he paid another man, who was positive for COVID-19, to lick every item at a local grocery store. Defendant did not actually pay the other man, but the posts "set off alarm bells" resulting in FBI agents being dispatched to the grocery store.

Defendant was indicted and ultimately convicted under 18 U.S.C. 1038(a)(1) for orchestrating a hoax that simulated another crime. Defendant claimed on appeal that the biological-weapons statute did not extend to conduct such as licking items in a grocery store and that the terrorist-hoax statute is an unconstitutional restriction on free speech. The Fifth Circuit rejected Defendant's challenges, finding that although the
biological-weapons statute does contain an implied exception for local crimes, Defendant's purported conduct was serious enough to place him within the purview of federal law enforcement, and threats like Defendant's are not protected by the First Amendment.

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LAW
Noodling — pulling a catfish from the water by hand — is now legal in Louisiana


www.npr.org/2022/08/01/1115001925/noodling-pulling-a-catfish-from-the-water-by-its-mouth-is-now-legal-in-louisiana

US Court of Appeals for the Fifth Circuit Opinions
USA v. Rodriguez

Docket: 21-20270
Opinion Date: July 26, 2022
Judge: Per Curiam
Areas of Law: Criminal Law, Health Law, White Collar Crime

Defendant owned and operated a healthcare clinic. Along with another provider, Defendant engaged in a scheme to fraudulently bill Medicare for home health services that were not properly authorized, not medically necessary, and, in some cases, not provided. Insiders testified to Defendant's role in the conspiracy, indicating she knew the home healthcare agencies were paying marketers to recruit patients. Defendant also told an undercover FBI agent she could show him how to make money by recruiting patients. Defendant was convicted and sentenced to 300 months in federal prison.

Defendant appealed, challenging the sufficiency of the evidence against her. However, the Fifth Circuit affirmed her conviction, finding that a rational jury could have concluded that Defendant knew about and willfully joined the conspiracy. Additionally, the court rejected Defendant's challenges to her sentence, finding that the district court did not commit a procedural error and that her sentence was not substantively unreasonable.

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USA v. Coulter

Docket: 20-10999
Opinion Date: July 18, 2022
Judge: Edith H. Jones
Areas of Law: Criminal Law

An officer performed a traffic stop on Defendant in the middle of the night. Having been given reason to suspect that Defendant who revealed an aggravated robbery conviction, had a gun, the officer handcuffed him and asked where it was. Defendant answered, and the officer’s partner arrived later to find a .40 caliber pistol and .37 ounces of marijuana in Defendant’s backpack between the front seats of the van he drove. Before Defendant divulged that information, the officer did not provide Miranda warnings.
 
A grand jury indicted Defendant for being a felon in possession of a firearm. Defendant then moved to “suppress all statements [he made] in response to the officer’s questioning once he was in handcuffs.” The district court granted the suppression motion. The government filed an interlocutory appeal from the district court’s judgment and the trial has been continued pending resolution of the appeal.
 
The Fifth Circuit reversed the district court’s judgment. The court explained that the admissibility of Defendant’s unwarned statements, therefore, depends on whether he was “in custody” as contemplated by Miranda at the time he offered them.
 
Here, based on the totality of the circumstances a reasonable person in Defendant’s position would not have equated the restraint on his freedom of movement with formal arrest. But even if Defendant could have reasonably thought that he was in custody for Miranda purposes after being handcuffed, the environment in which the officer questioned him was not tantamount to a station house interrogation as contemplated by Miranda.

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US Court of Appeals for the Fifth Circuit Opinions
Beatriz Ball v. Barbagallo Company

Docket: 21-30029
Opinion Date: July 12, 2022
Judge: Per Curiam
Areas of Law: Civil Procedure, Copyright

Beatriz Ball, LLC, is a Louisiana company doing business as Beatriz Ball and Beatriz Ball Collection. Barbagallo Company, LLC is a New Jersey company doing business as Pampa Bay. Plaintiff alleged that Pampa Bay has been marketing and distributing products that infringe on Beatriz Ball’s registered copyrights and its unregistered trade dress for its “Organic Pearl” line of tableware.
 
Plaintiff challenged the district court’s conclusions that (1) the company lacked standing under the Copyright Act because the plaintiff did not obtain a valid assignment of its claim, and (2) it failed to establish a protectable trade dress under the Lanham Act.
 
The Fifth Circuit reversed and remanded, holding that the district court erred in its standing determination and that certain errors in its analysis of the trade dress claim require reconsideration by the district court. The court explained that whether Beatriz Ball’s trade dress has acquired secondary meaning is considered a question of fact reviewed on appeal for clear error. Here, the record indicates that the district court clearly erred in analyzing three of the factors: volume of sales, the nature of the use of Organic Pearl trade dress in newspapers and magazines, and the defendant’s intent in copying the trade dress. Ultimately, a visual comparison of Pampa Bay’s products to the Organic Pearl line makes it difficult to deny that there was intent to copy. The designs are not just alike, they are indistinguishable in some cases. Thus, the sum of errors in the district court’s analysis of secondary meaning requires reconsideration of the evidence and overall re-weighing of the factors.

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US Court of Appeals for the Fifth Circuit Opinions
USA v. Kelley

Docket: 20-30436
Opinion Date: July 8, 2022
Judge: Jennifer Walker Elrod
Areas of Law: Constitutional Law, Criminal Law

Defendant was convicted of possessing a firearm as a felon in violation of 18 U.S.C. Section 922(g)(1). The jury instructions did not specify that the jury must find that Defendant knew he was a felon when he possessed a firearm. After Defendant’s conviction and sentencing, the Supreme Court decided in Rehaif v. United States, 139 S. Ct. 2191 (2019), that knowledge of felony status is an essential element of that offense. The following year, Defendant filed a motion with the district court under 28 U.S.C. Section 2255, arguing that because of Rehaif the court should vacate, set aside, or correct his sentence. The district court denied the motion, concluding that Rehaif did not establish a new right that applies retroactively as required for such collateral actions.
 
The Fifth Circuit vacated the district court’s judgment and remanded. The court considered whether in Rehaif the Supreme Court newly recognized a right and whether that right has been made retroactive to cases on collateral review. The court concluded that the Supreme Court did indeed recognize a new right—the defendant’s right to have the Government prove beyond a reasonable doubt that the defendant knew of his felony status when he possessed a firearm.

Next, the court wrote, that rule applies retroactively. The Supreme Court has explained that “[n]ew substantive rules generally apply retroactively” to finalized convictions. Schriro v. Summerlin, 542 U.S. 348, 351 (2004). The court explained that remand is appropriate because the district court has not addressed procedural default or the merits of Defendant’s claim.

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Louisiana Supreme Court Opinions
Havard v. JeanLouis, et al.

Docket: 2021-C-00810
Opinion Date: June 29, 2022
Judge: Griffin
Areas of Law: Civil Procedure, Contracts, Insurance Law

The Louisiana Supreme Court granted review in this case to determine whether a stamped signature on an uninsured/underinsured motorist (“UM”) coverage rejection form, affixed by the administrative assistant of the corporate insured’s owner and president, complied with the statutory requirement that the UM form be signed by the named insured or his legal representative. Because the stamped signature was affixed on behalf of the legal representative and not by the legal representative himself, the Supreme Court agreed with the court of appeal that the lack of prior written authorization to the administrative assistant rendered the UM form invalid.

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Anthony v. Louisiana


Issues: (1) Whether the presumption of innocence, the right to confrontation and the right to a fair trial permit a court to allow the grand jury prosecutor to take the stand and offer testimony regarding the prosecutor’s belief about the credibility of the alleged victims, the guilt of the defendant and the strength of the state’s evidence; (2) whether the admission of such prosecutorial testimony constitutes structural error or, instead, is subject to harmless error review; and (3) whether a reviewing court’s conclusion that the evidence at trial supports the defendant’s convictions even excluding the grand jury prosecutor’s testimony meets the state’s burden of proving harmless error beyond a reasonable doubt.



www.scotusblog.com/case-files/cases/anthony-v-louisiana/

US Court of Appeals for the Fifth Circuit Opinions
Cargill v. Garland

Docket: 20-51016
Opinion Date: June 23, 2022
Judge: Per Curiam
Areas of Law: Civil Rights, Constitutional Law, Government & Administrative Law

On December 14, 2021, the Fifth Circuit issued an opinion in this case, upholding the district court's rejection of Plaintiff's challenge to an ATF rule determining that bump stocks are "machineguns" for purposes of the National Firearms Act (NFA) and the federal statutory bar on the possession or sale of new machine guns.

However, after a majority of the eligible circuit judges voted in favor of hearing the case en banc, the court vacated its prior opinion so the entire court could hear the case.

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Salazar v. Molina

Docket: 20-40334
Opinion Date: June 16, 2022
Judge: Andrew S. Oldham
Areas of Law: Civil Rights, Constitutional Law, Personal Injury

Plaintiff led police on a high-speed chase through a residential neighborhood. Once Plaintiff exited his vehicle, Defendant sheriff's deputy tased Plaintiff. Plaintiff sued the deputy, claiming he violated Defendant's Fourth Amendment Rights. The District Court denied the deputy's claim of qualified immunity, finding there were material factual disputes as to whether a reasonable officer would have viewed Plaintiff as an immediate threat; whether Plaintiff's apparent surrender was a ploy to evade arrest; and whether Plaintiff was tased once or twice.

The Fifth Circuit reversed. After considering the threat posed by Plaintiff in fleeing law enforcement as well as the force used by the deputy, the court determined that the deputy did not violate Plaintiff's clearly established constitutional rights under the Fourth Amendment. Thus, Plaintiff was unable to overcome the bar of qualified immunity.

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Louisiana changed its law on paying college athletes. Here's what it means for LSU.


www.theadvocate.com/baton_rouge/sports/lsu/article_5b2a80ec-edcc-11ec-ba13-230c04311706.html

US Court of Appeals for the Fifth Circuit Opinions
Franklin v. Regions Bank

Docket: 21-30324
Opinion Date: June 14, 2022
Judge: Stuart Kyle Duncan
Areas of Law: Contracts

Plaintiffs, two sisters, and a family friend own a large farm in north Louisiana. The farm sits atop the storied Haynesville Shale. A bank’s landman who was managing the sisters’ interests extended a mineral lease for only a tenth of the farm. The landman had misread the extension, which covered the whole farm. Within months, advances in drilling technology would open up the Haynesville Shale. Lease bonuses soared. But the faulty extension clouded the sisters’ farm.
 
Plaintiffs sued the bank for breach of contract. The district court found the landman violated the standards of his profession by extending the entire lease. But the court ruled this was a “mistake in judgment” under the bank’s contract with the sisters, shielding the bank from liability. It also ruled the mistake was not gross fault, which a Louisiana contract cannot exculpate.
 
The Fifth Circuit affirmed in part, reversed in part, and remanded. Then court explained that the landman did not make a mistake in judgment, but a mistake pure and simple. He misread the extension. The contract’s exculpatory clause does not cover this kind of error, and so the court reversed the dismissal of the sisters’ claims. The court remanded as to damages. The extension stuck the sisters with a lower royalty rate than they would have gotten otherwise. But the parties’ experts disagree over whether the differing rates would make any economic difference. The district court did not resolve this technical, fact-bound question.

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US Court of Appeals for the Fifth Circuit Opinions
Robinson v. Ardoin

Docket: 22-30333
Opinion Date: June 12, 2022
Judge: Per Curiam
Areas of Law: Civil Procedure

Before the Fifth Circuit were three emergency motions to stay, pending appeal, and an order of the district court that requires the Louisiana Legislature to enact a new congressional map with a second black-majority district. The Fifth Circuit concluded that though Plaintiffs’ arguments and the district court’s analysis are not without weaknesses, Defendants have not met their burden of making a “strong showing” of likely success on the merits. The court concluded that the cautionary principle from Purcell v. Gonzalez, 549 U.S. 1 (2006), prevents the ordered remedy from taking effect. Thus, the court vacated the administrative stay and denied the motion for stay pending appeal. The court explained that while Defendants urged the court to stay the district court’s order to give the Louisiana Legislature more time to enact a remedial plan, they have not explained why they cannot enact a new plan in the time that the district court allotted.

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Louisiana: Series of Marijuana Law Reform Bills Advanced to Governor’s Desk

norml.org/blog/2022/06/07/louisiana-series-of-marijuana-law-reform-bills-advanced-to-governors-desk/