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The Rouge House, LLC v. 308 Decatur-New Orleans, LLC

Paid petition · Court of Appeal of Louisiana, Fourth Circuit, No. 2020-CA-0358, 2020-CA-0359, 2020-CA-0360 · judgment December 23, 2020


Certiorari denied · October 18, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the fundamental rights of Due Process and Equal Protection guaranteed by the 14th Amendment to the U.S. Constitution are violated when a corporation, a juridical person, is denied the right to proceed in forma pauperis simply because it is not a natural person.

  2. Whether the State courts erred as a matter of law in allowing a corporation to be represented its member, a non-attorney, in a case where it was sued for $100,000 where Louisiana Revised Statute 37:212(C) prohibits a corporation from appearing pro se to assert or defend against a claim in excess of $5,000.

Counsel of record

For petitioner
Ernest L. Johnson

For respondent
R. Chauvin Kean
Kean Miller, LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 10 2022
    Motion for leave to file a petition for rehearing filed by petitioner DENIED.
  2. Dec 15 2021
    Motion DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 08 2021
    Motion for leave to file a petition for rehearing filed by petitioner.
  4. Nov 12 2021
    Petition of The Rouge House, LLC for rehearing not accepted for filing. (Paper filng not received - December 1, 2021)
  5. Oct 18 2021
    Petition DENIED.
  6. Sep 29 2021
    DISTRIBUTED for Conference of 10/15/2021.
  7. Sep 15 2021
    Waiver of right of respondent 308 Decatur - New Orleans, LLC to respond filed.
  8. Aug 06 2021
    Petition for a writ of certiorari filed. (Response due September 23, 2021)