Opinion
No. 2021-CQ-00988
11-17-2021
Walter G. GOODRICH, in His Capacity as the Independent Executor on Behalf of Henry Goodrich Succession; Walter G. Goodrich; Henry Goodrich, Jr.; Laura Goodrich Watts v. UNITED STATES of America
Certification denied. See per curiam
Crichton, J., dissents and assigns reasons.
PER CURIAM
Certification denied. The certified question may be resolved under existing law and jurisprudence. See La. Civ. Code art. 538 ; Succession of Catching , 45,145 (La. App. 2 Cir. 4/14/10), 35 So.3d 449 ; Succession of Majoue , 97-710 (La. App. 5 Cir. 11/25/97), 705 So.2d 225.
CRICHTON, J., would accept certification and answer the certified questions.
I disagree with the majority decision to deny certification. Certification promotes comity between the state and federal courts, permitting the highest court of the state to develop principles of state substantive law. See generally Frymire Home Servs., Inc. v. Ohio Sec. Ins. Co. , 12 F.4th 467 (5th Cir. 2021). In my view, this Court should have granted certification in this case in order to promote the "cooperative judicial federalism" that the certification procedure contemplates. See Lehman Bros. v. Schein , 416 U.S. 386, 390, 94 S.Ct. 1741, 40 L.Ed.2d 215 (1974).