Booker SCC v. Dr. Courtney N. Phillips in her official capacity as the Secretary of The Louisiana Department of Health

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

BOOKER SCC, LLC; BOSSTER NO. 2025 CW 0921
SCC, LLC; BRADFORD SCC, LLC;

COLONIAL SCC, LLC; RUSTON

SCC, LLC; NORMANDIE SCC,

LLC; SHREVEPORT SCC, LLC;

AND SPRINGLAKE SCC, LLC

VERSUS

DR. COURTNEY N. PHILLIPS, IN

HER OFFICIAL CAPACITY AS THE

SECRETARY OF THE LOUISIANA DECEMBER 11, 2025
DEPARTMENT OF HEALTH

Tn Re: Louisiana Department of Health, applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 713,601.

BEFORE : THERIOT, PENZATO, AND BALFOUR, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The portion of the
trial court’s July 22, 2025 judgment, which held that it is the
burden of the Louisiana Department of Health “to establish by a
preponderance of the evidence its defense of lack of authorization”
for settlement is hereby vacated. A summary judgment may be
rendered or affirmed only as to those issues set forth in the
motion under consideration by the court at that time. La. Code

Civ. P. art. 966(F). Plaintiffs’ motion for partial summary
judgment specifically sought only dismissal of the Louisiana
Department of Health’s “affirmative defense of Michelle

Christopher’s lack of settlement authority” with prejudice. In all
other respects, the writ is denied.

MRT

AHP
KEB

-~ COURT OF APPEAL, FIRST CIRCUIT

FOR THE COURT