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Another Reversal
In Kocher vs Truth in Politics, Inc and Causeway Connection PAC the Plaintiff, an Orleans Parish Voter, on Wednesday November 13, 2019 sought a Temporary Restraining Order and Preliminary and Permanent Injunctions relative to certain political ads placed by defendants with media outlets in the New Orleans Area in connection with the November 16th General Election for Governor of Louisiana. The ads were alleged to be false and misleading in violation of the Louisiana Election Code. After a brief discussion with counsel for each side a Duty Judge of the Civil District Court for the Parish of Orleans granted the requested TRO.
On the morning of Thursday November 14, 2019 an emergency appeal was taken by the defendants to the Louisiana Fourth Circuit Court of Appeal. The appeal made three assignments of error: 1) that the TRO failed to sufficiently describe the restrained conduct referring the reader of the TRO to the Petition for details; 2) that the TRO as written constituted a mandatory injunction which could only be granted after a full hearing on the merits; and 3) that the statements made in the campaign ads at issue were not false but rather political free speech and hyperbole.
On the morning of Friday November 15, 2019 as the attorneys assembled in court for the hearing on preliminary injunction a three judge panel of the Louisiana Fourth Circuit Court of Appeal issued its ruling reversng the Order granting the TRO and remanding the matter back to the trial court for corrective action.
Kudos to Aaron & Gianna attorneys Bill Aaron and Anna Rainer who handled the emergency appeal on behalf of the defendants, Truth In Politics, Inc. and Causeway Connection PAC..
