Hopkins v. Riley - Recusal of Counsel Reversed

Louisiana Court of Appeal

Filed March 27th, 2026

Detected March 27th, 2026

Summary

The Louisiana Court of Appeal, First Circuit, granted a writ in Hopkins v. Riley, reversing a lower court's judgment that recused DeDe Ferrara and Frank Ferrara from representing Kimberly Hopkins. The court found that the request for disqualification was not raised early enough and was therefore waived.

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What changed

The Louisiana Court of Appeal, First Circuit, has reversed a district court's decision to recuse counsel DeDe Ferrara and Frank Ferrara from representing Kimberly Hopkins in case number 2025 CW 1225. The appellate court found that the opposing party, Chase Riley, waived their right to seek disqualification by not raising the issue promptly after counsel had been involved in discovery and court conferences for approximately one year.

This ruling means that the recusal order is overturned, and the previously disqualified counsel may continue to represent Kimberly Hopkins. Compliance officers in legal departments should note that failure to timely object to opposing counsel's representation can lead to a waiver of that objection, potentially impacting case strategy and outcomes.

What to do next

Review internal procedures for timely objection to opposing counsel's conduct.
Ensure all legal challenges are raised promptly to avoid waiver.

Source document (simplified)

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March 27, 2026 Get Citation Alerts Download PDF Add Note

Kimberly Hopkins v. Chase Alan Riley

Louisiana Court of Appeal

Citations: None known
Docket Number: 2025 CW 1225
Precedential Status: Unknown Status
Opinion
Authorities (1)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Combined Opinion

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

KIMBERLY HOPKINS NO. 2025 CW 1225

VERSUS

CHASE ALAN RILEY MARCH 27, 2026

In Re: Kimberly Hopkins, applying for supervisory writs, 21st
Judicial District Court, Parish of Livingston, No.
162508.

BEFORE: McCLENDON, C.J., GREENE AND STROMBERG, JJ.

WRIT GRANTED. The district court’s November 12, 2025 judgment
which recused DeDe Ferrara and Frank Ferrara from representing
Kimberly Hopkins in this matter is reversed. There appears to be
no dispute that DeDe Ferrara represented Kimberly Hopkins in this
matter, engaging in discovery and court conferences, for
approximately one year prior to Chase Riley requesting
disqualification of counsel. Courts have found that the right to
urge disqualification of an opposing counsel may be waived by
failure to raise the issue early in the proceedings. Keith v.
Keith, 48,919 (La. App. 2d Cir. 5/15/14), 140 So.3d 1202, 1209,
citing Brasseaux v. Girouard, 214 So.2d 401 (La. App. 3d Cir.
1968), writ ref'td, 253 La. 60, 216 So.2d 307 (1968). See also
Marks v. Marks, 2021-741 (La. App. 5th Cir. 9/28/22), 349 So.3d
1071, 1077, citing Brasseaux (“Although the district-court record
in this matter was in limbo for six months before being transferred
to Jefferson Parish, Ms. De Luca's firm filed motions on Mr. Marks’
behalf in August 2020, soon after the case lodged in the 24th JDc.
Yet the motion to disqualify Ms. Thomas and her firm was not filed
until November 11, 2020, on the eve of a substantive hearing. The
failure to timely object to Ms. Thomas's representation of Ms.
Lazarone constitutes a tacit waiver of his objection to that
representation.”)