June 5, 2015
FLORIDA GAS TRANSMISSION COMPANY, LLC
TEXAS BRINE COMPANY, LLC
Liberty Insurance Underwriters, Inc., applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 34, 316.
BEFORE: McDONALD, WELCH, AND CRAIN, JJ.
Welch, J., concurs. I would decline to exercise supervisory jurisdiction. I do not believe the criteria set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are met on the issue of exhaustion. I agree with the majority in all other respects, including the denial of the writ as to the ruling on the application of Louisiana law.