Cited by
Opinions in Louisiana that cite Sibley v. Bd. of Sup'rs of Louisiana State University, 477 So. 2d 1094.
- Succession of Clinton Cameron Schreiber La. Ct. App. 5th Cir. 2024
-
GANNETT RIVER STATES PUBLISHING CORPORATION D/B/A DAILY ADVERTISER VERSUS 15TH JUDICIAL DISTRICT ATTORNEY DONALD D. LANDRY
La. Ct. App. 3d Cir. 2023
State Univ., Broussard v. F. A. Richard & Assocs., Inc. 98-1167 (La.App.
- State of Louisiana v. Hunter Fussell La. 2019
-
Larry Bize, Sr. and Michelle R. Bize v. Malcolm Larvadain
La. Ct. App. 3d Cir. 2018
State Univ., (La.1985) expressly held that “the federal three level system is an inappropriate model for equal protection analysis under the Louisiana Constitution.” Instead, the state supreme court declared: Article I, Section 3 commands the courts to decline enforcement of a legislative classificatio
-
Bize v. Larvadain
263 So. 3d 584
La. Ct. App. 1st Cir. 2018
1105 (La.1985) expressly held that "the federal three level system is an inappropriate model for equal protection analysis under the Louisiana Constitution."
- Leger v. Leger 258 So. 3d 624 La. Ct. App. 1st Cir. 2017
-
Michael J. Leger, II v. Danielle Gotreaux Leger
La. Ct. App. 3d Cir. 2017
art. 1, § 3,] unless the state or other advocate of the classification shows that the classification has a reasonable basis.” Beauclaire, 922 So.2d at 505 ().
-
Hoston v. Richland Parish Hospital Service District 1-B
218 So. 3d 236
La. Ct. App. 2d Cir. 2017
They cite to the Louisiana Supreme Court’s summary of a hospital’s (La.
-
Estelle v. Eysinki
147 So. 3d 1136
La. Ct. App. 1st Cir. 2014
of Sup’rs of Louisiana State Univ.
-
Johnson v. Motiva Enterprises LLC
128 So. 3d 483
La. Ct. App. 1st Cir. 2013
the Supreme Court set forth the criteria to determine whether an equal protection violation has occurred: Article I, Section 3 commands the courts to decline enforcement of a legislative classification of individuals in three different situations: (1) When the law classifies individuals by race or religious
-
Susan Arrington, Etc. v. Er Physician Group, Inc.
La. Ct. App. 3d Cir. 2013
(on rehearing), the trial court conducted an April 2011 evidentiary hearing in order to consider the constitutional challenges posed by the cases, now consolidated.2 The trial court determined that La.R.S.
-
Arrington v. ER Physician Group, Inc.
110 So. 3d 193
La. Ct. App. 1st Cir. 2013
^ (on rehearing), the trial court conducted an April 2011 eviden-tiary hearing in order to consider the constitutional challenges posed by the cases, now consolidated.
-
Papania v. State ex rel. Board of Supervisors of Louisiana State University
108 So. 3d 256
La. Ct. App. 1st Cir. 2013
Sibley v. Board of Sup’rs of Louisiana State University, (“Sibley I”).
-
Shreveport Police Officers Ass'n v. Glover
108 So. 3d 791
La. Ct. App. 2d Cir. 2013
of Supervisors of LSU, Morgan v. City of Shreveport, 46,362 (La.App.2d Cir.7/13/11), .
-
Boudreaux v. Larpenter
110 So. 3d 159
La. Ct. App. 1st Cir. 2012
1 the supreme court set forth a three-tier evaluation to determine whether there had been a violation of equal protection, as follows: Article I, Section 3 commands the courts to decline enforcement of a legislative classification of individuals in three different situations: (1) When the law classifies
- Oliver v. MAGNOLIA CLINIC 85 So. 3d 39 La. 2012
-
Joe Oliver v. Magnolia Clinic
La. Ct. App. 3d Cir. 2011
We reject the positions of the PCF and Nurse Duhon and find, (commonly referred to as Sibley II), that the MMA’s cap on general damage awards unconstitutionally disadvantages and discriminates against Taylor and her parents, victims of nurse Duhon’s malpractice, because of the severity -1- of Taylor’s physical condition
-
Oliver v. MAGNOLIA CLINIC
71 So. 3d 1170
La. Ct. App. 1st Cir. 2011
We reject the positions of the PCF and Nurse Duhon and find, (commonly referred to as Sibley II), that the MMA’s cap on general damage awards unconstitutionally disadvantages and discriminates against Taylor and her parents, victims of nurse Duhon’s malpractice, because of the severity |2of Taylor’s physical condition when compared to other malpractice victims who rec
-
Russo v. Kraus
52 So. 3d 876
La. 2011
In light of the defendants’ stipulation to the latency of Janice Russo’s disease and this Court’s prior findings concerning the existence of a medical malpractice insurance crisis in the 1970s, the Court of Appeal erred in reversing the District Court’s judgment and remanding this matter for a hearing on these issues.
- Deer Enterprises, LLC v. Parish Council of Washington Parish 56 So. 3d 936 La. 2011
-
Joe Oliver v. Magnolia Clinic
La. Ct. App. 3d Cir. 2010
We also find, as the Supreme Court similarly held in Sibley v. Board of Sup’vrs of Louisiana State Univ., (commonly referred to as Sibley II), that the MMA’s cap on general damage awards unconstitutionally disadvantages and discriminates against Taylor and her parents, victims of nurse Duhon’s malpractice, because of the severity of Taylor’s physical condition when compared to other malpractice victims who r
-
Oliver v. Magnolia Clinic
51 So. 3d 874
La. Ct. App. 1st Cir. 2010
We also find, as the Supreme Court similarly held in Sibley v. Board of Sup’vrs of Louisiana State Univ., (La.
-
Russo v. Kraus
49 So. 3d 941
La. Ct. App. 1st Cir. 2010
See Whitnell, 686 So.2d at 30
- Douglas v. Children's Hospital 69 So. 3d 434 La. Ct. App. 1st Cir. 2010
-
Rhone v. Ward
31 So. 3d 591
La. Ct. App. 2d Cir. 2010
Sibley v. Board of Sup’vrs of Louisiana State Univ.
-
State ex rel. A.J.
27 So. 3d 247
La. 2009
of Supervisors, (on reh’g) ] in regard to age classifications, the state must show: 1.
- In Re State Ex Rel. AJ 27 So. 3d 247 La. 2009
-
Reed v. St. Charles General Hospital
11 So. 3d 1138
La. Ct. App. 1st Cir. 2009
d erred in two respects: first it had failed to allow the plaintiffs an opportunity to amend their petition to plead facts “relating to the third category of contra non valentem, as well as to add additional parties or cause of action”; and, second, it had failed “to hold the requisite evidentiary hearing (requested by Mrs. Reed) ” Reed, 602 So.2d at 786 .
-
Tipton v. Campbell
996 So. 2d 27
La. Ct. App. 4th Cir. 2008
State University, constitutional analysis."
-
State v. Anderson
996 So. 2d 973
La. 2008
Age classification review applies the intermediate scrutiny standard adopted in Sibley v. Board of Supervisors of Louisiana State *1011 University, -08 (La.
-
Ferguson v. Sugar
988 So. 2d 816
La. Ct. App. 4th Cir. 2008
CPCLA was a wholly owned subsidiary CPC Inc. [2] (La.
-
State v. Granger
982 So. 2d 779
La. 2008
of Sup'rs of Louisiana State Univ., Louisiana Associated Gen.
- Burmaster v. Plaquemines Parish Government 982 So. 2d 795 La. 2008
-
Explained
City of New Orleans v. ASSESSORS'RETIREMENT AND RELIEF FUND
986 So. 2d 1
La. 2008
this court set forth the proper analysis for determining whether an equal protection violation has occurred.
- Arrington v. Galen-Med, Inc. 970 So. 2d 540 La. Ct. App. 3d Cir. 2007
-
Susan Arrington, Etc. v. Er Physicians Group, Apmc
La. Ct. App. 3d Cir. 2006
In the interest of “doing the right thing,” we simply cannot abandon the analytical method of review followed by our Supreme Court in Sibley v. Board of Supr’s of Louisiana, (on rehearing), to achieve a more desirable 2 remedy for an admittedly disadvantaged class of injured victims.
-
Arrington v. ER PHYSICIANS GROUP, APMC.
940 So. 2d 777
La. Ct. App. 3d Cir. 2006
In the interest of "doing the right thing," (on rehearing), to achieve a more desirable remedy for an admittedly disadvantaged class of injured victims.
-
Beauclaire v. Greenhouse
922 So. 2d 501
La. 2006
this court enunciated a three-tier evaluation to determine whether there was a violation of equal protection.
-
Rhone v. Ward
902 So. 2d 1258
La. Ct. App. 2d Cir. 2005
the supreme court addressed the legislative classifications and applicable burdens of proof in equal protection challenges.
- Walker v. Bossier Medical Center 902 So. 2d 1228 La. Ct. App. 2d Cir. 2005
- Sanders v. Silverthorn 906 So. 2d 518 La. Ct. App. 1st Cir. 2005
-
Criticized
State v. EXPUNGED RECORD NO. 249,044
881 So. 2d 104
La. 2004
Of Sup'rs of Louisiana State U., , (La.1985) this court joined a growing number of state *110 courts [4] and criticized the three-tier level of equal protection analysis employed by the federal courts.
-
Albright v. Southern Trace Country Club
879 So. 2d 121
La. 2004
Almost 20 years ago, -1108 (La.
- Detillier v. Kenner Regional Medical Center 877 So. 2d 100 La. 2004
- Walker v. Bossier Medical Center 873 So. 2d 841 La. Ct. App. 2d Cir. 2004
-
Messina v. St. Charles Parish Council
865 So. 2d 158
La. Ct. App. 5th Cir. 2003
of Supervisors of Louisiana State University
- Landry v. Leonard J. Chabert Med. Ctr. 858 So. 2d 454 La. Ct. App. 1st Cir. 2003
-
Louisiana Electorate of Gays & Lesbians, Inc. v. State
833 So. 2d 1016
La. Ct. App. 1st Cir. 2002
of Supervisors of Louisiana State Univ., reh’g denied, this court set forth the analysis required by the state’s equal protection guarantee in the face of a legislative classification.
-
Lee v. Pennington
830 So. 2d 1037
La. Ct. App. 4th Cir. 2002
and Mechanical College, the court provided guidance when analyzing a legislative classification: Article I, Section 3 commands the courts to decline enforcement of a legislative classification of individuals in three different situations: (1) When the law classifies individuals by race or religious beliefs, it shall be repudiated
-
Plaquemines Parish v. RIVER/ROAD CONST.
828 So. 2d 16
La. Ct. App. 4th Cir. 2002
that Louisiana, in Article I, Section 3 of its constitution, rejected the federal three-tiered system of equal protection analysis.