Posts tagged Louisiana Appeals Court
This is the second entry that goes on both my blogs- Watchopp and my Mardi Gras blog as well. We can thank the Legislative Auditor‘s office for this one, they released the report that the Kerns used the movie tax credits to build floats in 2006 instead of their unfinished documentary, Blaine Kern’s Mardi Gras: Building of the Greatest Free Show on Earth. The Kerns own Mardi Gras World, a New Orleans institution. They build REX, Bacchus, Orpheus, Endymion, Muses, and Alla, among others.
Barry Kern’s huge response to the Auditor report states that the practices the Kerns followed were somewhat widespread at the time among live entertainment documentaries that applied for the tax credit during the same time period. Those productions include Jazz Fest, Voodoo Fest and Essence Fest. That’s pretty esteemed company for the Kerns to be keeping. I guess French Quarter Festival kept their nose clean on this live entertainment documentary mess. Good for them!!
Barry Kern thinks his dad, Blaine Kern Sr., notified the Legislative Auditor about the tax credit situation. That made Barry Kern very mad. If Dad’s objective was to make Barry mad, it worked. The Kern family is in the middle of well known legal battle for control of the Kern empire. Barry started the legal feud, and Blaine is doing his best to continue it. This is the juiciest, saddest public legal family battle we’ve seen in quite some time. My condolences to all involved.
The big news in the case is at the end of February 2012, the Louisiana Appeals Court overturned the lower court and gave Kern Sr. back control. They threw out the deal the Kerns brokered with the key Mardi Gras Captains, and lifted the temporary injunction against Kern Sr.
That means the lawsuit, in which Barry Kern accused his father of ruining the company, will go back to Orleans Civil District Court for a full hearing.
Barry Kern now has 14 days to appeal the ruling to the full Fourth Circuit bench for a rehearing. Otherwise, the case will be sent back for trial before Judge Kern Reese.
So if the elder Kern is back running the business, why would he contact the Legislative Auditor and draw attention to the possible misuse of tax credits? To embarrass Barry for sure is probably the only reason. The elder Kern oversaw the building of those floats, not his son, more than five years ago.
The Kerns’ movie was billed as a look at the history, design, building and production of Carnival and Mardi Gras floats, with a focus on the 2007 season, according to the Legislative Auditor’s report.
Holy Moly, the Kerns are back at it, this time at the lofty level of the 4th Circuit Court of Appeals. It’s a little more than two months to Carnival, and that means float builders are in very high gear, especially the biggest float builder, the Kerns, who build Rex, Bacchus, Endymion, Muses, Orpheus, Alla and many other important parades.
It’s very obvious that both parties are very wounded by the process. The attorneys are thrilled, since they are getting all this free press again. Blaine Sr feels terrible, and his son Barry isn’t any happier. As I’ve said before, don’t sue your parents, no matter what! It kills your karma forever, practically. I’m not sure the 84 year old Kern Sr understands why his son has come after him in court of all places.
The Appeals Court could take months to rule, and Mardi Gras is a little more than 2 months approximately. However, Endymion Captain Ed Muniz says the Kern float building operation appears to running very smoothly. This is the most organized I’ve seen them in a long time. Barry was sired to do these things,” Muniz said. It’s kind of sad. Big Blaine had become the senior statesman. Now as far as I can see, he’s very isolated. It’s a a shame he just didn’t stay in that role. What he really deserves is all the krewes to thank him for the wonderful contributions he’s made.
I’ve also said before, the reason this whole court debacle is occurring is because Pixie Naquin isn’t there to smooth over the hurt feelings for the sake of family unity. She was the founder’s executive secretary since he started out in business, and she never let past serious family disputes end up on court. She was the cat’s meow for Kern Enterprises, there’s absolutely no doubt about that.
Blaine’s new wife loves him dearly, but Holly is a bit of control freak. This family feud has been festering ever since Pixie died. Barry Kern sued his father last year, claiming the family business had been damaged by his dad’s alleged fiscal irresponsibility.
Blaine’s statements outside of court were both telling and oh so sad. You have no idea, no idea, he said. My heart’s broken, but I want to see justice because I’ve created this, and for the last year I haven’t been able to go in my buildings.
Barry’s statement was just as revealing. I love my dad, but we all continue to be confused and saddened by his actions. My primary responsibility is to our clients and employees. My sincere hope is that this can be resolved as quickly as possible….Mardi Gras 2012 is on track to be a blockbuster.
Yes, Mardi Gras parade goers still sue even though most locals and many tourists know that you cannot sue from being hit by a throw in New Orleans in almost all cases.
Daisy Johnson Palmer, a 74-year-old retired Orleans Parish public schoolteacher, wants the Zulu Social Aid & Pleasure Club to pay for the bloody cut, and ensuing trauma, she says came from a coconut lobbed in her direction Feb. 28, 2006, as Zulu paraded down Canal Street.
Four years later, though, a Louisiana appeals court tossed out her case after finding that her claims of trauma from a hollowed-out Zulu coconut thrown underhanded into the French Quarter crowd didn’t merit a trial at Orleans Parish Civil District Court. Palmer’s attorney, Edwin Fleischmann, said he is awaiting the final decision from the Louisiana Supreme Court.
Zulu’s rules say that the throwing of coconuts is “positively forbidden,” as is tossing any throws to the rear of a float. In 2004, Vice president Naaman Stewart was one of Zulu’s most vocal advocates for the adoption of a lightweight coconut, hollowed-out, shaved coconuts purchased in bulk from a Vietnam supplier and shipped to New Orleans where members decorate & paint them. An average store-bought coconut filled with milk & meat can weigh up to 1 1/2 lbs.