Archive
- November 2023
- July 2022
- October 2021
- August 2021
- March 2021
- December 2020
- November 2020
- August 2020
- June 2020
- November 2019
- August 2019
- June 2019
- May 2019
- December 2018
- September 2018
- August 2018
- December 2017
- September 2017
- June 2017
- March 2017
- February 2017
- January 2017
- November 2016
- August 2016
- June 2016
- May 2016
- March 2016
- February 2016
- December 2015
- November 2015
- September 2015
- August 2015
- July 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- May 2014
- March 2014
- December 2013
- October 2013
- August 2013
- May 2013
- April 2013
- March 2013
- January 2013
- December 2012
- November 2012
- October 2012
- July 2012
- June 2012
- May 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
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..
