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ARSHAD v. CITY OF KENNER

Nos. 2011-CC-1579, 2011-CC-1814.

95 So.3d 477 (2012)

Dr. Kaleem ARSHAD and Nadeem S. Arshad, individually and on behalf of Decedent Dr. Jameela Arshad v. The CITY OF KENNER, the City of Kenner Police Department, Nick Congemi in his Capacity as Police Chief for the City of Kenner, Officer Gerald Miller, Officer Ryan Krummel, Officer Kimberlyn Bright, Sergeant Emile Sanchez, Gemini Insurance Company and Clarendon American Insurance Company.

Supreme Court of Louisiana.

January 24, 2012.

Attorney(s) appearing for the Case

Frilot, LLC, James H. Brown, Jr. ; Preis & Roy, PLC, Edward Frederick Kohnke, IV , for Applicant (No. 2011-CC-1579).

Hufft & Hufft, APLC, Patrick Hillary Hufft ; Jeansonne & Remondet, LLC, Michael J. Remondet, Jr. ; Naquin & Ward, Aub Atkins Ward , for Respondent (No. 2011-CC-1579).

Frilot, LLC, James H. Brown, Jr. ; Jeansonne & Remondet, LLC, Michael J. Remondet, Jr., ; Preis & Roy, PLC, Edward Frederick Kohnke, IV , for Applicant (No. 2011-CC-1814).

Hufft & Hufft, APLC, Patrick Hillary Hufft ; Naquin & Ward, Aub Atkins Ward , for Respondent (No. 2011-CC-1814).

KNOLL, Justice.

This civil case involves the prohibition against jury trials in suits against a political subdivision under the Louisiana Governmental Claims Act, La.Rev.Stat. § 13:5101 et seq., and presents the problematic issue of whether, under La.Rev.Stat. § 13:5105(D), a political subdivision may waive the prohibition against jury trials on a case-by-case basis, as opposed to a blanket waiver. In resolving this issue, the viability of Jones...

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