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MELERINE v. TOM'S MARINE & SALVAGE, LLC

No. 2020-C-00571.

315 So.3d 806 (2021)

Marty MELERINE and Oyster Fisheries, Inc. v. TOM'S MARINE & SALVAGE, LLC, Tom's Welding, Inc., Triple T Marine, LLC, Captain James Williams, Allianz Global Risks US Insurance Company, and Allianz Global Corporate and Specialty.

Supreme Court of Louisiana.

March 24, 2021.

Attorney(s) appearing for the Case

Frederick W. Swaim, III , Andrew Charles Wilson , New Orleans, Andrew Robert Capitelli , Mandeville, Maura Eileen Bowlin , for Applicant-Defendant.

William L. Roberts (Pro Hac Vice), Katie M. Cusimano , Metairie, Stephen Skelly Kreller , New Orleans, for Respondent-Plaintiff.

Significant evidentiary issues are presented for review in this litigation involving alleged damages to leased oyster grounds. Applying well-established rules of evidence, we find the trial court erred by (1) allowing evidence of a regulatory method for determining oyster-lease damages applicable only when a pre-project biological survey...

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