Opinion
2016 CA 1196
04-28-2017
DAN S. COLLINS AND DAN S. COLLINS, CPL AND ASSOCIATES, INC. v. STATE OF LOUISIANA, THROUGH DEPARTMENT OF NATURAL RESOURCES, ROBERT BENOIT, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS ASSISTANT DIRECTOR ATCHAFALAYA BASIN PROGRAM, LOUISIANA DEPARTMENT OF NATURAL RESOURCES
Jill L. Craft Crystal G. Bounds Baton Rouge, Louisiana Attorneys for Plaintiff/Appellee Dan S. Collins and Dan S. Collins, CPL and Associates, Inc. Jeff Landry Attorney General Robin J. Magee Patrick B. McIntire Stephen J. Oats Special Assistant Attorneys General Lafayette, Louisiana Attorneys for Defendant/Appellant State of Louisiana, through the Department of Natural Resources
NOT DESIGNATED FOR PUBLICATION
APPEALED FROM THE NINETEENTH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA
DOCKET NUMBER 592,154 HONORABLE WILSON E. FIELDS, JUDGE Jill L. Craft
Crystal G. Bounds
Baton Rouge, Louisiana Attorneys for Plaintiff/Appellee
Dan S. Collins and Dan S. Collins,
CPL and Associates, Inc. Jeff Landry
Attorney General
Robin J. Magee
Patrick B. McIntire
Stephen J. Oats
Special Assistant Attorneys General
Lafayette, Louisiana Attorneys for Defendant/Appellant
State of Louisiana, through the
Department of Natural Resources BEFORE: PETTIGREW, McDONALD, AND CALLOWAY, JJ. McDONALD, J.
Judge Curtis A. Calloway, retired, is serving as judge ad hoc by special appointment of the Louisiana Supreme Court. --------
This is a companion case to Dan S. Collins v. Department of Natural Resources, 2016-1195 (La. App. 1 Cir. 4/28/17), handed down this same date. In that case the defendants, the Louisiana Department of Natural Resources (DNR) appealed a judgment rendered by the district court against it and in favor of plaintiffs, Dan S. Collins and Dan S. Collins, CPL and Associates, Inc. (collectively plaintiffs), finding that: plaintiffs were employees of DNR engaged in an activity protected by La. R.S. 30:2027 (the Louisiana Environmental Whistleblower Statute); plaintiffs suffered an adverse employment action as defined by La. R.S. 30:2027(B)(2)(a); an adverse action occurred as a result of a report or complaint of an environmental violation by plaintiffs; and DNR was liable to plaintiffs for violating La. R.S. 30:2027. The trial court awarded damages in the amount of $750,000.00 to plaintiffs and against DNR, which included $250,000.00 for loss of earnings and/or loss of anticipated wages, plus legal interest on that amount from date of judicial demand until paid, and $500,000.00 (for triple damages as provided for in La. R.S. 30:2027(B)(1)), plus legal interest on that amount from date of judgment until paid.
In this case, DNR appeals a separate judgment rendered against it and in favor of plaintiffs: awarding $17,808.42 for costs incurred through February 15, 2016; approving and deeming reasonable plaintiffs' counsel's hourly rates of $400.00 for Jill L. Craft and $275.00 for Crystal G. Bounds; and awarding attorney fees in the amount of $84,553.50 through February 15, 2016, with that amount bearing legal interest from the date of judgment.
As we have reversed the underlying district court judgment that was rendered in favor of plaintiffs and against DNR in the companion case, Dan S. Collins v. Department of Natural Resources, 2016-1195 (La. App. 1 Cir. 4/28/17), we likewise reverse the district court judgment rendered in favor of plaintiffs and against DNR awarding attorney fees and costs in this case.
For the foregoing reasons, the district court judgment is reversed. Costs of this appeal are assessed against Dan S. Collins and Dan S. Collins, CPL and Associates, Inc.
REVERSED.