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Graver v. Monsanto Co.

Citations: 734 So. 2d 647; 1999 La. LEXIS 194Docket: No. 98-C-2616

Court: Supreme Court of Louisiana; January 7, 1999; Louisiana; State Supreme Court

Narrative Opinion Summary

The court granted the application for a writ of certiorari and/or review concerning the case involving Monsanto Company Inc. The ruling from the lower court, which certified the case as a class action, has been reversed. This decision references the precedent set in Ford v. Murphy Oil U.S.A. Inc., 703 So.2d 542 (La. 1997). Chief Justice Calogero and Justices Kimball and Johnson would have granted and docketed the case, while Justice Lemmon was not part of the panel.

Legal Issues Addressed

Class Action Certification Reversal

Application: The higher court reversed the lower court's decision to certify the case as a class action, indicating that the criteria for such certification were not met or were improperly applied.

Reasoning: The ruling from the lower court, which certified the case as a class action, has been reversed.

Judicial Panel Disagreement

Application: Some justices expressed a different view on the procedural handling of the case, indicating a split in opinion among the judges regarding the granting and docketing of the writ.

Reasoning: Chief Justice Calogero and Justices Kimball and Johnson would have granted and docketed the case, while Justice Lemmon was not part of the panel.

Precedent Reliance

Application: The court's decision to reverse the class action certification was influenced by the precedent set in a previous case, showing the application of established legal principles from earlier rulings.

Reasoning: This decision references the precedent set in Ford v. Murphy Oil U.S.A. Inc., 703 So.2d 542 (La. 1997).