Systemic Advocacy
Supreme Court decision clears the way to expunge criminal records of people found unrestorably incompetent to stand trial.
SLLS won a case in the Louisiana Supreme Court on behalf of a client with a lifelong intellectual disability who was seeking to expunge a criminal record. More than 20 years ago, our client was arrested for a crime she did not commit, but was found “incompetent to be tried” before she could clear her name. In 2023, as part of the process of obtaining an expungement, a district court dismissed the case against our client under Louisiana Code of Criminal Procedure article 648(B)(3), which provides that a charge against an unrestorably incompetent defendant must be dismissed no later than the date on which the maximum sentence would have ended if the defendant had been convicted of that charge. This law had never been interpreted by an appellate court.
The district attorney’s office appealed to the Louisiana Fifth Circuit Court of Appeal, which reversed the district court’s order and held that the law did not allow the case to be dismissed. The Louisiana Supreme Court reversed the Court of Appeal’s decision, allowing our client to proceed with the expungement process. In persuading the Louisiana Supreme Court to uphold the district court’s interpretation of the law, SLLS delivered a “win” not only for our client, but for many other people with disabilities who want to expunge a Louisiana criminal record after being found incompetent to be tried. State v. Jefferson, 2024-1086 (La. 10/29/25); 2025 WL 3088659.
Overcoming barrier to obtaining custody when the parent is incarcerated.
Judges are aware that we, the petitioner’s attorneys, have to file a writ of habeas to have an incarcerated defendant brought into court. Research has shown this is incorrect.
SLLS represented a grandmother in seeking third party custody of her grandchild. The child’s mother was homeless and had other limitations, and the child’s father was incarcerated long-term. The mother was served and did not appear for court. The defendant father was served in prison but no one filed a writ of habeas. When we went to court, the judge wanted to continue the case for SLLS to file a writ of habeas. SLLS argued that (1) we, as the petitioner, were not required to file a writ for the defendant, (2) that if the defendant wants to be physically present for the hearing they have to file a writ on their own behalf, and (3) the judge can determine whether a defendant’s presence is necessary or not and can file a writ sua sponte if so. The judge agreed and determined that the defendant father’s presence was not necessary because he was incarcerated and thus could not have custody of the child. She allowed us to go forward with our hearing and our client was granted sole custody of her grandchild.
Resolution reached for how Housing Authority of New Orleans (HANO) will deal with cases where tenant income does not match their tax filings
In 2024 HANO identified Section 8 tenants whose tax preparers reported fictitious earnings to get an Earned Income Credit refund, much of which may have gone to the tax preparer. HANO was treating the IRS income figures as proof of income and terminating people from the program for not having reported the supposed income to HANO. SLLS was getting IRS records amended for clients who came to us but in over a half dozen cases HANO would not believe the taxes had been amended, because the IRS had not yet processed the changes. HANO terminated the tenants from the program. SLLS filed 5 state court suits seeking to stay and reverse Section 8 terminations. HANO removed the cases to federal court. One was remanded to state court, which has greater “equity” powers.
While SLLS motions were pending in the others HANO hired a new Executive Director. Both she and SLLS wanted to discuss this situation (she in part because of their counsel’s litigation costs). The meeting went well and procedures were agreed to for HANO to accept our proof that taxes were amended in these and future cases: a very helpful policy change for clients coming out of dialogue backed by litigation. (Before the new Executive Director HANO had refused our pre- and post- filing attempts to talk with them about the situation. All of the lawsuits were favorably settled with the clients continuing to participate in the Section 9 program.
Judicial in forma pauperis and eviction bench cards
In another form of advocacy that can affect many litigants SLLS never sees is preparation of judicial bench cards that judges refer to in deciding cases, SLLS was involved in drafting 3 bench cards that were distributed to Louisiana judges this year– one setting out the laws protecting in forma pauperis litigants, and two setting out for non-District judges the law on evictions and appealing evictions. We worked on this with LSBA Access to Justice Commission, Acadiana Legal Services Corporation, and pro bono counsel. LSBA reports that the eviction bench cards were excitedly received at the state Bar convention.
Helping with Board of Tax Appeals website assistance for self-represented taxpayers
SLLS was contacted by Judge Lisa Woodruff-White from the Board of Tax Appeals for help in setting up help for pro se petitioners on their website, http://labta.louisiana.gov The Louisiana State Bar is involved with this project. SLLS has met with the group and offered advice based on the perspective of our clients, and reviewed sample forms that they intend to put on their website. The project has not yet gone live.
Publicly accessible food stamp work requirement policies restored
In working a case SLLS discovered that DFS had removed from its public website the policies governing who should be exempt from having to work to receive SNAP for more than three months every three years. SLLS requested the policies once again be made public and the state agency restored the policies.
CDBG-DR Action Plan Comment, Hurricane Ida
SLLS submitted comments on the state’s federally funded disaster recovery program (Restore Louisiana) proposed Amended Action Plan for funds from the 2020-2021 storms seeking equal protection and treatment of Manufactured and Mobile Homeowners within the program policies along with other policy adjustments aimed at speeding recovery while reducing program costs.
Francine Restore Action Plan Comment
SLLS submitted comments on the state’s federally funded disaster recovery program (Restore Louisiana) proposed Action Plan for Hurricane Francine Recovery seeking several significant program reforms. SLLS again sought equal protection and treatment of Manufactured and Mobile Homeowners within the program policies along with other policy adjustments aimed at speeding recovery while reducing program costs. The comment also raised concerns over technological barriers to program participation, especially for applicants who are not connected to or conversant with tech. Finally, the comment sought to improve the overall emphasis on community education to improve program access, prevent contractor fraud, and improve the efficiency of disaster recovery.
Federal submission on SLLS experience with FEMA, disfavoring loss of its experience, lessons learned, and ability to mobilize needed resources
SLLS submitted comments in response to the request for public input as the new federal Administration re-evaluates FEMA’s role. Our comment was based on two decades of experience dealing with FEMA disaster recovery. The comments highlighted the improvements and investments that FEMA has made to improve the program since the challenges of Hurricane Katrina. SLLS outlined the role FEMA played in the disaster recovery network along with the importance of both individual and public assistance to finance recovery and resiliency. The comment shared our positive experiences with FEMA’s new rules liberalizing the assistance available to individuals after disasters. Finally, as requested, SLLS shared our recommendations to further improve the FEMA assistance program through policy changes and technological investments.
Covenant marriage dissolved based on domestic violence
SLLS successfully represented a client in obtaining a covenant marriage divorce from her abuser based on domestic violence. Covenant marriages are extremely rare and can be used as a method of maintaining control and making it harder for a victim to get out of a marriage. The client was the victim of numerous incidents of physical violence perpetrated by her husband, the last of which landed her in the hospital with serious injuries requiring surgery, and resulted in her abuser being incarcerated. SLLS also obtained a permanent injunction against abuse under the Post-Separation Family Violence Relief Act, arguing that the Act applies to all family structures (e.g. married couples without kids), not only to people who share children together.
End to unemployment compensation 4 hour hearing windows
SLLS has been raising this issue with the state’s unemployment agency (until recently the Louisiana Workforce Commission) for over a year. Breaking from past practice where all hearings are set for a specific time, the agency had begun setting some hearings for a 4 hour window of time. The hearings usual concerned past alleged “overpayments” by the agency and often involved persons now employed to request at least a half day off of work to be available for the phone call through which the hearing was conducted. The long hearing window also made it easy for the call to be missed if the claimant had to tend to anything else in the 4 hours or received another call. SLLS pointed out in a June letter that the new procedures violated existing regulations, which spoke of a hearing time, not time-frame, and that with the point of time hearings, the agency had respected a regulation requiring that it again call the hearing 15 minutes after the hearing time, which was not happening under the new procedure. The agency finally agreed to end the practice.
Bourbon Street New Year’s mass casualty response
SLLS coordinated with the FBI, University Medical Center, and Family Justice Center to help respond to the January 1 Bourbon Street terrorism. By January 3 SLLS received a request to help establish custody for a child whose mother had been killed in the event – – a grandmother seeking custody of her grandson after his mother was killed in the event. We mobilized to be ready primarily for family and Public Benefits referrals on behalf of victims, family members, victims, and hospitality workers whose incomes were affected.
Appellate work
Writ successfully obtains recusal of judge who was assisting the landlord with its case
A public housing development sought eviction of our client based on accusations against her brother when visiting her unit. During a pretrial motion it became apparent that the landlord had not brought evidence to court to prove its grounds for eviction, which involved the accidental discharge of a firearm within a public housing unit. The trial court indicated great concern with the issue and had its staff call to try to have witnesses present at the hearing that afternoon. When the purported witnesses were not going to be available, the court postponed the hearing to another day. SLLS filed a motion to recuse the judge for taking actions favoring a party and showing an interest in how the case would come out. An ad hoc judge heard and took evidence on the recusal motion but denied it, holding the actions in trying to call witnesses were ‘merely administrative.’
SLLS filed a writ arguing that the ad hoc judge had only ruled on one of the 2 statutory grounds for recusal. The Court of Appeal agreed, citing a prior SLLS case where the same trial judge had been reversed in part for herself calling to court a witness for the other side in an earlier SLLS case. The Court of Appeal had found the actions in that prior case deprived a tenant of a fair trial.
The Court of Appeal found the second ground for recusal met. This was the ground not considered by the ad hoc judge: that there was a substantial and objective basis that would reasonably be expected to prevent the judge from conducting any aspect of the case in a fair and impartial manner. The Court of Appeal ordered the judge recused and the case assigned to another division of Orleans City Court. Harmony Oaks v. Thompson, 2025-C-0516 (La. App. 4 Cir. Oct. 2, 2015).
Successful writ from trial court unusual procedures that denied time for pretrial discovery and preparation.
SLLS and private co-counsel obtained a default judgment against a landlord who failed to return tenant’s security deposit. After the appeal period the trial court sua sponte and without giving notice to the parties rescinded the default judgment. After the original discovery and motion cutoffs had passed, the court called the parties to advise the trial was going forward on the originally scheduled date, the next week. SLLS filed an emergency motion to continue trial and reset the cutoffs, having lost the chance to prepare for trial. The trial court denied the motion and SLLS filed a writ application claiming abuse of discretion in denying the continuance and further that the case was not ready for trial in that Defendant remained in default. The Court of Appeal agreed and remanded the case. Moses v. Alexander, 2025-0229 (La.App. 4 Cir. 4/25/25); 414 So.3d 981. After preparation and trial SLLS obtained a favorable judgment for the tenant including treble damages of almost $5000.
Default judgment reversed that had improperly granted a divorce.
The adverse filed for divorce in Plaquemines Parish, where neither party had lived, making it an improper venue. But the parties’ locations and history were not reflected in the petition or default record. SLLS argued that it was also apparent from the pleadings that the parties had children and had not been apart for 365 days, as required by the 103(1) divorce sought. SLLS argued this deprived the court of subject matter jurisdiction, based on prior 2nd and 3rd Circuit cases, as well as making the petition premature. The Court of Appeal ruled the error made the petition premature, but did not deprive the trial court of subject matter jurisdiction, and reversed the divorce judgment. Turner v Turner, 2025-CA-0132 (La. App. 4 Cir. Oct. 1, 2025); — So.3d —, 2025 WL 2792937.
SLLS defended Civil Service Commission decision that employee had not lost his appeal rights by “abandoning” his job
A city employee was arrested and held in jail for two months before being cleared of charges and released. On release he contacted his department about resuming work, and was told he needed to await clearance from HR. Six weeks later, HR sent a termination letter to a stale address, though staff knew the proper address. It terminated him for job abandonment, even though he had reported back for work long before. The employee did not find out about the letter until he checked in again in person as to his status. He appealed that same date but the Sewerage and Water Board challenged the appeal as being 4 days too late. The Civil Service Commission reversed the termination for having given him neither a proper termination notices not a required pretermination opportunity to respond to the charges against him. The Sewerage and Water Board appealed arguing that its policies characterize job abandonment as an unappealable voluntary resignation. The Fourth Circuit held the situation was not a voluntary resignation and that the denial of due process made the attempted late termination improper. Desdunes v Sewerage and Water Board, 2024-CA-0424 (L App 4 Cir 3/27/2015); 414 So.3d 878.
4th Circuit reverses eviction decision, agreeing that landlord had not met its burden of proof
In Taylor V. Joseph, 2024-0461 (La.App. 4 Cir. 1/30/25); 408 So.3d 269, the 4th Circuit Court of Appeal reversed the eviction because the notice to vacate was not put into evidence as needed to satisfy the landlord’s burden of proof. The opinion also includes very good language about a tenant’s not having posted the suspensive appeal bond within the statutory 24 hour period not defeating the suspensive appeal. The court held that given the trial court did not immediately sign the order setting the bond amount, or notify counsel when the order was entered, the delay past the 24 hour period specified in CCP 4735 for posting bond in an eviction appeal could not be held against the tenant.
Improperly Assessed Debt Reversed and Veterans Benefits Reinstated
SLLS eliminated a debt of more than $52,000 that a Coast Guard veteran purportedly owed to the Veterans Benefits Administration. Our client had been arrested and pleaded not guilty but continued to be held in pretrial detention. After many months had passed, the Veterans Benefit Administration stopped remitting Veterans Pension benefits and Service Connected Disability compensation to our client, and notified him that he would have to pay back all of the benefits he had received since his arrest. Our client tried to dispute the debt with the VBA but received no response to his letters. SLLS filed a Decision Review Request, arguing that veterans are entitled to receive their benefits unless incarcerated as the result of a conviction. We also submitted court records proving that our client had not been convicted and was still awaiting trial. The Department of Veterans Affairs reversed the debt, issued over $11,000 in back pay to our client, and resumed his monthly payments.
Homeless Veteran Obtains Stable Income
Through our referral partnership with Hope Center – a support network for veterans in crisis – SLLS helped a homeless Army veteran secure a reliable monthly income. Negative past experiences had left our client with a deep-seated distrust of government agencies and nonprofit organizations. Despite being homeless and having no income or assets for many years, our client was reluctant to apply for any of the benefit programs for which he was eligible. Our staff attorney spent hours talking to the client, seeking to understand his concerns and working to gain his trust. The client eventually agreed to let SLLS apply for benefits on his behalf and was soon granted a Veterans Pension of more than $1,400 per month.
Veteran’s Widow Receives Survivor’s Pension in Time for Thanksgiving
SLLS helped the widow of a WWII veteran obtain a Survivor’s Pension award with an enhancement for “Aid and Attendance” – additional funding to cover in-home care for veterans and their dependents who need help with activities of daily living like bathing and getting dressed. After initially granting these benefits to our elderly client in writing, the Veterans Benefits Administration then sent her a series of confusing and contradictory letters and failed to deposit any funds into her account. During this time, our client fell behind on several bills and was forced to rely entirely on SNAP (food stamps) to buy groceries. When our efforts to resolve the issue directly with the Veterans Benefits Administration failed to resolve the issue, SLLS filed a Higher Level Review request with the Department of Veterans Affairs. After holding a conference with an SLLS staff attorney and reviewing the evidence we submitted, the DVA held that our client was entitled to a monthly award of Survivor’s Pension with Aid and Attendance, retroactive to the date of her application. In mid-November, over $1200 in back pay was deposited into our client’s account, allowing her to pay her overdue bills and enjoy the Thanksgiving holiday.
Two appeals successfully defended judgments freeing children for adoption
SLLS helped obtain affirmance of Termination of Parental rights to a child who had been a drug-affected newborn, whose mother legally abandoned the child and had not complied with her care plan for regaining custody. State of Louisiana in the Interest of C.W., 2025 CJ 0257 (La. App. 4 Cir. Sept. 19. 2025); — So.3d —- , 2025 WL 2741724
SLLS also helped obtain affirmance of Termination of Parental rights to children who had been abandoned, not supported by parental contributions, and whose parent had not complied with her care plan for regaining custody. State in Interest of K.C., 2025-0529 (La.App. 4 Cir. 10/14/25); — So.3d —-, 2025 WL 2910934
Exception based on landlord continuing to accept rent during eviction denied by Fifth Circuit based on factual question; tenant ultimately prevailed
The Louisiana Fifth Circuit denied a writ in a case where Kenner Housing Authority had continued to accept rent while eviction proceedings were in progress. Usually acceptance of rent vitiates an eviction notice, even if the eviction is for grounds other than non-payment of rent. The trail court erroneously held the doctrine only applies when the eviction is for non-payment of rent, so SLLS sought a writ from the Court of Appeal.
The Kenner Housing Authority claimed, based on an irrelevant passage from a HUD Handbook, that it was required to continue taking rent during the eviction proceeding.
The Court of Appeal denied the writ, ruling that the lease would determine whether the HUD Guidebook controls and had not been put in evidence, so a finding on the vitiation issue “would be premature.” Kenner Housing Authority v Royal 25-C-216 (La App 5 Cir. 6/2/2025); 2025 WL 1554554. SLLS ultimately won the case.
Fourth Circuit holds that consent term not within the judge’s recital of the terms of the consent judgment nonetheless bound the parties, and allows landlord to extract extra money from tenant
In Bernadas v. Edet, 2024-0418 (La.App. 4 Cir. 2/26/25); 409 So.3d 1026, the judge negotiated on the record an accord between the parties, giving the tenant to a certain date and time to pay their rent. The tenant did so. The landlord nonetheless came back into court the next month to ‘enforce the judgment’ and have the tenant vacate the apartment.
In the first hearing the tenant had said she needed to be able to stay in the apartment until January 5, when she expected to have another place available. A January 5 departure was not made part of the terms the court put in its written consent judgment. Nor was it in the terms that the court put on the record after saying, “let’s put down these terms.”
The January 5 apartment fell through, and the tenant paid the landlord additional funds to extend her stay. SLLS argued that the terms of a judgment have to be clearly ascertainable from the record. The Court of Appeal nonetheless looked at the rest of the record because “if the dispute pertains to the scope of the compromise agreement, ‘extrinsic evidence can be considered to determine exactly what differences the parties intended to settle.’” (citing Ortego v. State, Dep’t of Transp. & Dev., 96-1322, p. 7 (La. 2/25/97), 689 So. 2d 1358, 1363-64).
Persistent Advocacy for individuals
In home Medicaid services restored for elder with muscular dystrophy
A homebound woman who was physically unable to care for herself had been receiving in home Medicaid services for years. She came to SLLS after her services were terminated and she had unsuccessfully represented herself at an appeal hearing. SLLS filed for reconsideration by the agency, pointing out that the termination was based on how the math in the agency’s scoring system worked out when it asked how much assistance she had received in the last 3 days, which were skewed by the weekend and further undermined by the client not having understood that Friday should have been included. When the agency nonetheless reaffirmed its decision, SLLS filed in court and briefed the case, moving for a stay of the agency’s termination decision. A settlement was reached by giving the client a new assessment, which found her eligible for services. (The client could not have simply reapplied to obtain that result because there is a multi-year waiting list for services.)
Successful conclusion to marathon eviction struggle
Our client and his family were living with a caring for his grandfather with disabilities in a home owned by the grandfather. The grandfather passed away, and one of the heirs then filed evictions twice to evict our client. Both evictions were improper and legally deficient. SLLS argued exceptions in both cases. Instead of being dismissed, the cases were eventually consolidated and transferred from the First City Court for the City of New Orleans to Civil District Court, where there was an open Succession for the grandfather and grandmother, who were the owners of the residence.
Throughout this time, the partial heir attempting to evict was interfering with peaceful possession of the residence by locking the client out of the garage, attempted to throw away some of his possessions, turned off his electricity, and broke into his unit. SLLS filed a Motion for Contempt against her retaliatory actions. Eventually, the case was set to be heard within the succession in Civil District Court. Before the hearing, opposing counsel reviewed the record and the SLLS pleadings and dismissed the two eviction cases based on the legal grounds presented. After about 10 months of litigation, the client and is family obtained peaceful possession of his residence.
Successful defense of lease when eviction was based on our client being a victim of domestic violence
An elderly subsidized tenant who lived in a unit in a senior housing complex in Treme had spent most of his life in this neighborhood and had deep links to the area. After his abuser harassed and physically attacked him, the landlord tried to evict him instead of protecting him from further abuse. SLLS represented him in his case from the informal meeting stage and after the landlord filed for eviction. Defense of the eviction was based in part on Violence against Women Act defenses. After a full day bench trial with testimony from multiple witnesses on both sides, the Court dismissed the eviction and the client was allowed to remain in his longtime home.
Successful objections to joint custody awards for domestic violence perpetrators
SLLS filed for sole custody under the Post-Separation Family Violence Relief Act for a client based on multiple incidents of abuse. The Commissioner did not validate any findings of abuse and awarded the parties joint custody with a physical custodial schedule that gave the out-of-state defendant a significant amount of time with the minor child who is very young, non-verbal, and autistic. The child had rarely spent time with the defendant, who lived in Texas. SLLS objected to the Commissioner’s ruling. At the Objection hearing the Judge found that the incidents of abuse were valid and granted our client sole custody with no visitation for the defendant, as required under the Post-Separation Family Violence Relief Act.
In another case, a client’s older daughter was a victim of sexual abuse perpetrated by client’s husband, while client and adverse share parentage of a different child (infant). SLLS introduced certified medical records where the child was diagnosed with multiple incidents of sexual abuse. However, the Commissioner instead focused the fact that the child’s genitalia reportedly “looked normal,” apparently believing that this was impossible if there had been abused/penetrated. As a result, the Commissioner denied the Post-Separation Family Violence Relief Act claim. SLLS objected and the reviewing judge Taylor conducted the de novo review by reading the record and transcript, and granted our client sole custody with no visitation for the adverse.
Home saved from foreclosure by solving multiple problems
A homeowner came to SLLS in August of 2024 with a notice of default from a foreclosure attorney. She was being foreclosed on for missing her September installment, nonpayment of the property taxes since client bought the house, and because the client’s homeowner’s insurance coverage was too low. The client advised that she’d paid the September 2024 payment via ApplePay, which had done been the custom between the parties for five years.
The property tax bill was very high. SLLS helped her apply for the homestead exemption to be retroactively applied, and she caught up on her taxes by December 2024. SLLS helped her get a new declarations page from her homeowners’ insurance with an endorsement to the policy showing more than the required coverage amount. Despite continuing her payments during this process, the client was served a Notice of Seizure of her home in October of 2024.
SLLS prepared and filed a Petition for Injunction against the execution of the Writ and included her ApplePay receipts. It turned out the recent payments went to a random number, even though the payments displayed as being to her mortgagee.
SLLS painstakingly negotiated a settlement would pay the mortgagee the amount she paid to the unknown number, plus the mortgagee’s attorney’s fees and costs. This obtained the result she could have obtained through a Chapter 13 bankruptcy, without the adverse the effects on her credit or the $2-5 thousand she would need to pay the bankruptcy counsel, and the trustee fee. SLLS also negotiated relief from some mortgage terms that were predatory, like a balloon payment in three years and “default interest” which would have permanently increased client’s interest rate in the event of a future default. SLLS is still helping her fight the bank’s denial of her request to reverse some of the transactions paid to the wrong party.
Successful federal court Social Security court appeals
For the first time in about 7 years SLLS had to bring Social Security cases up into federal court. In large part this is because of our success at the four administrative levels of review. In the first case though, the ALJ prevented the Puerto Rican claimant, who speaks only broken English, from using an interpreter who was on the line during a whole administrative hearing. The ALJ also conducted an impermissible off the record discussion in which he denied the access, and in the decision on the case improperly refused to credit the only medical evidence of record as to the claimant’s mental capacity. On review of the Memorandum by SLLS the Department of Justice moved to remand the case for a new ALJ decision After the Court ordered the remand, SLLS filed for attorney fees and were awarded $7,650 in attorney fees under the Equal Access to Justice Act.
A second case was filed in the Middle District based on the ALJ’s over-reaction to the claimant’s Drug or Alcohol Addiction. The law provides that a claimant cannot qualify for Social Security disability assistance based on the effects of addiction, but can qualify if they would meet the disability standard even apart from the addiction. We alleged that the Administrative Law Judge (ALJ) had allowed their assessment of the claimant’s addiction to influence how credible he found the medical opinions – devaluing one where the ALJ did not think the effects of addiction were taken into enough account by the doctor. The reviewing court agreed, remanded the case, and directed SLLS to submit a request for attorney fees.
A third case is still pending in the Middle District.
Successful challenge to removal of foreclosure proceeding to federal court
In February, SLLS filed suit in state court in Jefferson Parish to stop a Sheriff sale of a foreclosed home. The suit challenged the foreclosure was illegal and included claims for damages for how the servicer (banks’ agent) had offered to modify the mortgage, but then after the homeowner accepted and made payments under the modification, had reneged and gone forward with foreclosure.
The day the preliminary injunction was set to be heard, the lender removed the suit to federal court. SLLS filed a motion to have the case sent back to state court, arguing that only one federal court can reverse a civil state court judgment (here the foreclosure judgment), that being the US Supreme Court. Because of this, the claims to reverse the judgment and the damages claims that were only viable if the judgment was reversed all needed to be in state court, where there are special procedures for District Courts to review foreclosure judgments. The federal court agreed that this “Rooker/Feldman” doctrine deprived the federal court of jurisdiction, reinforced by “Younger abstention,” which precludes federal courts from getting involved when there is a state court action pending that involves “important state interests.” Davila v. Pennymac Loan Svcs., LLC, CV 25-333, 2025 WL 1742285 (E.D. La. June 24, 2025). Obtaining the remand was important because pursuing the suit would require far more resources in federal court, and even a final judgment in our client’s favor could be later vacated for lack of jurisdiction.
