Note by Ryan S. Park
After the Fifth Circuit’s decision in Doe v. McKesson, 925 F.3d 253 (5th Cir. 2019), the Supreme Court of the United States granted certiorari, vacated, and remanded the noted case. In the Fifth Circuit’s original decision, the court held an injured policer officer asserted a cognizable negligence claim against a nonviolent protest organizer. On remand, the U.S. Supreme Court recommended that the Fifth Circuit certify Louisiana negligence law questions to the Louisiana Supreme Court. This Note agrees with the U.S. Supreme Court that the Fifth Circuit should have certified certain questions regarding Louisiana tort law and focuses on why the Fifth Circuit’s original decision is inconsistent with Louisiana’s duty-risk approach to negligence liability.
About the Authors
Ryan S. Park. J.D. candidate 2022, Tulane University Law School; M.S. 2017, B.S. 2016, Tulane University.
Citation
95 Tul. L. Rev. 1009 (2021)