Cited by
Opinions in Louisiana that cite Chamberlain v. State, Through DOTD, 624 So. 2d 874.
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Robin Allen v. First Castle Federal Credit Union
La. Ct. App. 1st Cir. 2020
1993), and rev' d on other grounds, ( La.
- Brandi Billeaudeau v. Opelousas General Hospital Authority La. Ct. App. 3d Cir. 2018
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Billeaudeau v. Opelousas Gen. Hosp. Auth.
239 So. 3d 306
La. Ct. App. 1st Cir. 2018
and Development , , 881 (La.
- Jazz Casino Company, L.L.C. v. Cynthia Bridges, Secretary, Louisiana Department of Revenue 223 So. 3d 488 La. 2017
- Brandy Lynn Fecke, Stephen C. Fecke, and Karen Fecke v. the Board of Supervisors of Louisiana State University … 217 So. 3d 237 La. 2016
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Harper v. State ex rel. Department of Health & Hospitals
176 So. 3d 479
La. Ct. App. 1st Cir. 2015
In Chamberlain v. State, Through DOTD, the Louisiana Supreme Court declared the statute to be unconstitutional, finding that it conflicted with Article XII, Section 10(A) of the Louisiana Constitution.
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canal/claiborne, Limited v. Stonehedge Development, LLC
156 So. 3d 627
La. 2014
and Dev’t, 93-472 (La.9/3/93), .
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Fulmer v. State, Department of Wildlife & Fisheries
68 So. 3d 499
La. 2011
and Development, Jacobs v. City of Bunkie, 98-2510 (La.5/18/99), .
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Board of Directors v. All Taxpayers
938 So. 2d 11
La. 2006
and Development, (1993).
- WORLD TRADE CENTER v. All Taxpayers 908 So. 2d 623 La. 2005
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Biggers v. Allstate Ins. Co.
886 So. 2d 1179
La. Ct. App. 5th Cir. 2004
[5] Reeder, supra, citing Chamberlain v. State, Through DOTD
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Williams v. Webre
876 So. 2d 858
La. Ct. App. 1st Cir. 2004
Chamberlain v. State, Through DOTD, ” Soloco, Inc. v. Dupree, 97-1256, p. 3 (La.1/21/98), .
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Lockett v. STATE, DOTD
869 So. 2d 87
La. 2004
and Development, superceded by 1995 La.
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Engles v. City of New Orleans
872 So. 2d 1166
La. Ct. App. 4th Cir. 2004
In Chamberlain v. State, Through DOTD, the Louisiana Supreme Court declared the statute to be unconstitutional, finding that it conflicted with Article XII, Section 10(A) of the Louisiana Constitution.
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Chamberlain Ex Rel. Wilmer J. v. Kennedy
868 So. 2d 753
La. Ct. App. 1st Cir. 2003
See Chamberlain v. State, Department of Transportation and Development, and Chamberlain v. State, Department of Transportation and Development, 91-1942 (La.App.
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Huber v. Midkiff
838 So. 2d 771
La. 2003
[7] Reeder v. *777 North, 97-0239 (La.1997); ; In Re Medical Review Panel of Harris, 97-1970 (La.App.
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Distinguished
St. Mary Anesthesia v. Hosp. Serv. Dist.
836 So. 2d 379
La. Ct. App. 1st Cir. 2002
We distinguish the cases of cited by SMA, on the grounds that the scope of the constitutional grants of legislative power at issue were clearly less broad than that of Section 3's proviso.
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Wingfield v. State ex rel. Department of Transportation & Development
835 So. 2d 785
La. Ct. App. 1st Cir. 2002
See Chamberlain v. State, Department of Transportation and Development, (superseded by 1995 Constitutional Amendment).
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Wingfield v. STATE, DEPT. OF TRANSP.
835 So. 2d 785
La. Ct. App. 1st Cir. 2002
See Chamberlain v. State, Department of Transportation and Development, (superseded by 1995 Constitutional Amendment).
- Armand v. State Department of Health & Human Resources 822 So. 2d 671 La. Ct. App. 1st Cir. 2002
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Vallien v. State Ex Rel. Dept. of Transp. and Dev.
812 So. 2d 894
La. Ct. App. 3d Cir. 2002
Relying on this constitutional provision, the supreme court, in Chamberlain v. State, Through Department of Transportation & Development, (La.
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Rosen v. State ex rel. Department of Transportation & Development
809 So. 2d 498
La. Ct. App. 1st Cir. 2002
Chamberlain v. State, through DOTD
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Wiley v. City of New Orleans
809 So. 2d 151
La. Ct. App. 4th Cir. 2002
13:5112 do not apply to cases, such as this, which were still pending between the time that these statutes were declared unconstitutional by Chamberlain [ v. State Department of Transportation and Development (1993), ] and Rick and the effective date of the amendment to La.
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Cox v. Moore
805 So. 2d 277
La. Ct. App. 3d Cir. 2001
which *292 held that the $500,000 cap was unconstitutional when applied to this 1989 accident, we find that this argument has no merit.
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Curole v. Avondale Industries, Inc.
798 So. 2d 319
La. Ct. App. 4th Cir. 2001
1993), reversed on other grounds, on remand, 91-1942 (La.App.
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Dennis v. the Finish Line, Inc.
781 So. 2d 12
La. Ct. App. 1st Cir. 2000
and Dev., that the cap on general damages in favor of the state was unconstitutional.
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Ruttley v. Lee
761 So. 2d 777
La. Ct. App. 5th Cir. 2000
See, e.g., Chamberlain v, State, Through D.O.T.D., (no recovery when victim's parents learned of accident from others).
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Castille v. State ex rel. Department of Transportation & Development
758 So. 2d 823
La. Ct. App. 3d Cir. 2000
In Chamberlain v. State, Through DOTD, the Louisiana Supreme Court declared the statute to be unconstitutional, finding that it conflicted with Article XII, Section 10(A) of the Louisiana Constitution.
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In Re Succession of Boyter
756 So. 2d 1122
La. 2000
and Dev., by parsing each subsection of old Article XII, Section 10.
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Jacobs v. City of Bunkie
737 So. 2d 14
La. 1999
and Development, found La.
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Trahan v. McManus
728 So. 2d 1273
La. 1999
See, e.g., Chamberlain v. State, Through D.O.T.D., (no recovery when victim's parents learned of accident from others).
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Dumas v. Angus Chemical Co.
728 So. 2d 441
La. Ct. App. 2d Cir. 1999
and Development, Lejeune recovery was denied when the mother was telephoned several hours after her son's accident and the father, who was fishing offshore at the time of the accident, was notified of the accident by water patrol.
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Batson v. South Louisiana Medical Center
727 So. 2d 613
La. Ct. App. 1st Cir. 1998
and Development, as the basis for their argument that the statutory cap violates the proscription against sovereign immunity.
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Conerly v. State
714 So. 2d 709
La. 1998
and Development, (stating the legislative goal prompting the enactment of La.
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Progressive SEC. Ins. Co. v. Foster
711 So. 2d 675
La. 1998
Chamberlain v. State, Through DOTD, .
- Brown v. Southern Baptist Hosp. 715 So. 2d 423 La. Ct. App. 4th Cir. 1998
- Caddo-Shreveport Sales & Use Tax Com'n v. OMV THROUGH DEPT. OF PUB. SAFETY AND CORRS. 710 So. 2d 776 La. 1998
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Kimball v. Allstate Ins. Co.
712 So. 2d 46
La. 1998
and Development, referring to Duree v. Maryland Casualty Co., 238 La.
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Guinn v. Rapides Parish Police Jury
708 So. 2d 835
La. Ct. App. 3d Cir. 1998
Chamberlain v. State, Through DOTD, (La.
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Soloco, Inc. v. Dupree
707 So. 2d 12
La. 1998
Chamberlain v. State, Through DOTD
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Reeder v. North
701 So. 2d 1291
La. 1997
Chamberlain v. State, Through DOTD, ( (collecting cases); n. 5 (La.1986)).
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Williams v. State, Dept. of Health and Hospitals
703 So. 2d 579
La. 1997
On the final day of trial, June 30, 1994, the plaintiffs hand-delivered a letter and a to the State, advising them that they were challenging the $500,000 statutory cap placed on monetary damages in medical malpractice cases.
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Baudoin v. Acadia Parish Police Jury
702 So. 2d 715
La. Ct. App. 3d Cir. 1997
Chamberlain v. State, through DOTD
- Meredith v. Ieyoub 700 So. 2d 478 La. 1997
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Brown v. Louisiana Indem. Co.
693 So. 2d 270
La. Ct. App. 3d Cir. 1997
13:5106(B)(1) unconstitutional in Chamberlain v. State, Through Department of Transportation & Development
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Conerly v. State
690 So. 2d 980
La. Ct. App. 2d Cir. 1997
Thus, a cap limiting the state's liability to $500,000 under La.R.S.
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Lewis v. State
685 So. 2d 640
La. Ct. App. 1st Cir. 1996
This cap was declared unconstitutional by the Louisiana Supreme Court in Chamberlain v. State, Department of Transportation and Development
- Louisiana Farms v. LA. Dept. of Wildlife 685 So. 2d 1086 La. Ct. App. 3d Cir. 1996
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Farley v. STATE THROUGH DEPT. OF TRANSP.
680 So. 2d 750
La. Ct. App. 1st Cir. 1996
This cap was later declared unconstitutional by the Louisiana Supreme Court in Chamberlain v. State, Dept. of Transportation and Development
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Farley v. State ex rel. Department of Transportation & Development
680 So. 2d 750
La. Ct. App. 1st Cir. 1996
This cap was later declared unconstitutional by the Louisiana Supreme Court in Chamberlain v. State, Dept. of Transportation and Development