My presentation today at the LSBA’s “Bridging the Gap” seminar
Coming Jan. 1, 2023: Amendments to Uniform Rules

Defendant’s right to appeal summary judgment in co-defendant’s favor

Let’s say that Plaintiff sues Defendants A and B, and each defendant pleads the comparative fault of the other defendant. Defendant A moves for and is granted summary judgment, and Plaintiff decided to forgo an appeal. Can Defendant B appeal? This question has divided the Louisiana courts of appeal, with the Fourth Circuit recently holding that Defendant B cannot appeal. Today the Louisiana Supreme Court reversed that judgment and held that Defendant B can appeal, regardless of whether Plaintiff also appeals. Amedee v. Aimbridge Hospitality LLC, 2020-OC-1906 (La. 10/21/22). To hold otherwise, the Court explained, would be patently unjust, as it would deprive Defendant B of the right to assert Defendant A’s fault as an affirmative defense.

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