CLARY v. STATE FARM MUTUAL

18-198.

246 So.3d 8 (2018)

Michael Cal CLARY and Catherine Ann Hixson Clary v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; State Farm Fire and Casualty Company; State Farm General Insurance Company; State Farm Life Insurance Company; State Farm VP Management Corporation; Insurance Placement Service, Inc.; State Farm Bank, F.S.B.; Patrick White; Kimberly Rollins White; Gene Haymon; and David Haymon.

Court of Appeal of Louisiana, Third Circuit.

April 18, 2018.


Attorney(s) appearing for the Case

Michael James Barry , Tiffany Powers , Michael Patrick Kenny , Alston & Bird, LLC, 1201 W. Peachtree Street, Atlanta, Georgia 30309-3424, Counsel for Defendants: State Farm Mutual Automobile Insurance Company; State Farm Fire and Casualty Company; State Farm General Insurance Company; State Farm Life Insurance Company; State Farm VP Management Corporation; Insurance Placement Services, Inc.; State Farm Bank, F.S.B.; Patrick White, and Kimberly Rollins White.

Robert J. David, Jr. , Marc D. Moroux , Juneau David, APLC, The Harding Center, 1018 Harding Street, Suite 202, Lafayette, Louisiana 70503, Counsel for Defendant: David Haymon.

George Fagan , Stephanie Villagomez Lemoine , Leake & Andersson LLP, 1100 Poydras Street, Suite 1700, New Orleans, Louisiana 70163, Counsel for Third Party Defendant/Appellant: William Claude Coker, III.

Hunter W. Lundy , Matthew Lundy , Hunter, hunter, Lundy & Soileau, 501 Broad Street, Lake Charles, Louisiana 70601, Counsel for Plaintiffs: Michael Cal Clary and Catherine Ann Hixson Clary.

Mark N. Mallery , Lisa Diane Hanchey , Hal Unger , Jacob C. Credeur , Ogletree, Deakins, Nash, Smoak & Stewart, P.C., 701 Poydras Street, Suite 3500, New Orleans, LA 70139, Counsel for Defendants: State Farm Mutual Automobile Insurance Company; State Farm Fire and Casualty Company; State Farm General Insurance Company; State Farm Life Insurance Company; State Farm VP Management Corporation; Insurance Placement Services, Inc.; State Farm Bank, F.S.B.; Patrick White, and Kimberly Rollins White.

Scott J. Scofield , Phillip W. DeVilbiss , Scofield, Gerard, Pohorelsky, Gallaugher & Landry, 901 Lakeshore Drive, Suite 900, Lake Charles, Louisiana 70601, Counsel for Defendant/Plaintiff in Reconvention/Appellee: Gene Haymon.

Court composed of Sylvia R. Cooks, John D. Saunders, and Candyce G. Perret, Judges.


In this expedited appeal we are asked to review the trial court's ruling denying Trey Coker's Exception of No Cause of Action regarding Gene Haymon's action based on Louisiana's Antitrust Law, La. R.S. 51:122 et seq., and the trial court's ruling denying in part and granting in part an exception of no right of action raised by the...

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