Kocher v. Truth in Politics, Inc.

Decision Date22 December 2020
Docket NumberNo. 2020-C-01153,2020-C-01153
Citation307 So.3d 182
Parties Linda KOCHER v. TRUTH IN POLITICS, INC., and Causeway Connection PAC
CourtLouisiana Supreme Court

307 So.3d 182

Linda KOCHER
v.
TRUTH IN POLITICS, INC., and Causeway Connection PAC

No. 2020-C-01153

Supreme Court of Louisiana.

December 22, 2020


PER CURIAM

Three days prior to the 2019 gubernatorial election, Plaintiff sought to enjoin Defendants from running allegedly false political campaign advertisements. Plaintiff obtained a temporary restraining order, the ads stopped, and the election occurred. Prior to the preliminary injunction hearing, Defendants filed an exception of no cause of action based on the completion of the election and the mootness of the petition. The lower courts denied the exception.

We reverse. Louisiana Revised Statutes 18:1463 allows an affected voter or candidate to obtain an injunction to stop the dissemination of false information in order to maintain fairness and integrity in an election. The statute does not contemplate damages. See Badeaux v. Sw. Computer Bureau, Inc., 05-0612 (La. 3/17/06), 929 So. 2d 1211. Thus, the only available remedy under Louisiana Revised Statutes 18:1463 is an injunction. In Verdun v. Scallon Brothers Contractors, Inc., 263 La. 1073, 270 So.2d 512, 513 (1972), the supreme court explained that in cases of injunctive relief, it is clear that when the activity which a plaintiff seeks to enjoin has already occurred during the pendency of the suit, the matter is moot as courts

"will not review a case where only injunctive relief is sought when the need for that relief has ceased to be a justiciable issue." Here, the advertisements ceased upon the issuance of the temporary restraining order and the occurrence of the election. Thus, there is no justiciable issue.

Pursuant to the statute, attorney fees are available if the petitioner is successful in obtaining a permanent injunction. Plaintiff argues she is entitled to recoup the attorney fees she accrued in seeking to enjoin Defendants’ conduct and should be allowed to proceed to a preliminary and permanent injunction hearing. However, there is no on-going activity to enjoin. If the legislature intended to make attorney fees available upon the procurement of a temporary...

To continue reading

Request your trial
10 cases
  • Braxton v. La. State Troopers Ass'n
    • United States
    • Court of Appeal of Louisiana — District of US
    • January 5, 2022
  • Cureton v. Cureton
    • United States
    • Court of Appeal of Louisiana — District of US
    • October 13, 2021
    ... ... JAMES H. "JIMMY" CURETON AND CUSTOM METAL FABRICATORS, INC. No. 20-520 Court of Appeals of Louisiana, Third Circuit October 13, 2021 ... same subject matter.'" Kocher v. Truth in ... Politics, Inc. , 20-1153, p. 2 (La. 12/22/20), 307 ... ...
  • Braxton v. La. State Troopers Ass'n
    • United States
    • Court of Appeal of Louisiana — District of US
    • January 5, 2022
    ...in light of the preceding statutes involving the same subject matter.'" Kocher v. Truth in Politics, Inc., 20-1153, p. 2 (La. 12/22/20), 307 So.3d 182, 184 (quoting Holly & Smith Architects, Inc. v. St. Helena Congregate Facility, Inc., 06-582, p. 10 (La. 11/29/06), 943 So.2d 1037, 1045.) I......
  • Amedee v. Aimbridge Hosp.
    • United States
    • Louisiana Supreme Court
    • October 21, 2022
    ... ... [ 1 ] See , ... e ... g ., Kocher v. Truth in Pol ., ... Inc. , 2020-01153, p. 2 (La. 12/22/20), 307 ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT