From Casetext: Smarter Legal Research

Goodrich v. United States

Supreme Court of Louisiana.
Nov 17, 2021
327 So. 3d 492 (La. 2021)

Opinion

No. 2021-CQ-00988

11-17-2021

Walter G. GOODRICH, in His Capacity as the Independent Executor on Behalf of Henry Goodrich Succession; Walter G. Goodrich; Henry Goodrich, Jr.; Laura Goodrich Watts v. UNITED STATES of America


Certification denied. See per curiam

Crichton, J., dissents and assigns reasons.

PER CURIAM

Certification denied. The certified question may be resolved under existing law and jurisprudence. See La. Civ. Code art. 538 ; Succession of Catching , 45,145 (La. App. 2 Cir. 4/14/10), 35 So.3d 449 ; Succession of Majoue , 97-710 (La. App. 5 Cir. 11/25/97), 705 So.2d 225.

CRICHTON, J., would accept certification and answer the certified questions.

I disagree with the majority decision to deny certification. Certification promotes comity between the state and federal courts, permitting the highest court of the state to develop principles of state substantive law. See generally Frymire Home Servs., Inc. v. Ohio Sec. Ins. Co. , 12 F.4th 467 (5th Cir. 2021). In my view, this Court should have granted certification in this case in order to promote the "cooperative judicial federalism" that the certification procedure contemplates. See Lehman Bros. v. Schein , 416 U.S. 386, 390, 94 S.Ct. 1741, 40 L.Ed.2d 215 (1974).


Summaries of

Goodrich v. United States

Supreme Court of Louisiana.
Nov 17, 2021
327 So. 3d 492 (La. 2021)
Case details for

Goodrich v. United States

Case Details

Full title:Walter G. GOODRICH, in His Capacity as the Independent Executor on Behalf…

Court:Supreme Court of Louisiana.

Date published: Nov 17, 2021

Citations

327 So. 3d 492 (La. 2021)

Citing Cases

Southland Circle, LLC v. Indep. Specialty Ins. Co.

In my view, the Louisiana Supreme Court has an interest in opining on significant issues of Louisiana state…

Schafer v. Darr

In my view, "certification promotes comity between the state and federal courts, permitting the highest court…