In Luv n’ care, Ltd. v. Jackel International Ltd., No. 2019-C-00749, the Louisiana Supreme Court granted writs to address the res nova issue of whether the “punishment for contempt of court” statute, La. R.S. 13:4611, authorizes the imposition of attorney fees against a party not adjudged guilty of contempt. In the district court, Plaintiff, Luv n’ care, Ltd. (“LNC”), brought a contempt proceeding against defendants, Jackel International Ltd., et al. (“Jackel”), for allegedly violating a permanent injunction previously entered in LNC’s favor. While LNC was unsuccessful on its motion for contempt, the district court not only denied the motion, but also awarded a substantial attorney fee award to Jackel as the “prevailing party in a contempt proceeding” based on the recently amended language of La. R.S. 13:4611(1)(g).
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