Guice Giambrone, Ivana Dillas, and Jacob Best Successfully Prevent Plaintiff’s Subpoena of Parish Councilman
Blue Williams Attorneys, Guice Giambrone, III, Ivana Dillas, and Jacob Best successfully prevented a Plaintiff from subpoenaing a Parish Councilman in a lawsuit challenging a neighborhood resubdivision application. The trial Court allowed the Plaintiff to subpoena the Councilman, but the Fifth Circuit unanimously held that under the Louisiana Constitution, the Councilman acted in his legislative capacity, rather than an administrative capacity, in ruling on the proposed land development. Therefore, the Councilman could not be subpoenaed to testify at trial regarding his internal motivations for deciding how to vote on the proposal. This decision by the Louisiana Fifth Circuit applied a de novo standard of review in finding the trial court erroneously applied the law.
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