Cited by

Opinions in Louisiana that cite Chamberlain v. State, Through DOTD, 624 So. 2d 874.

97 citing documents.

Kansas City Southern Ry. Co. v. Louisiana Tax Com'n 676 So. 2d 812 La. Ct. App. 1st Cir. 1996
Schulker v. Roberson 676 So. 2d 684 La. Ct. App. 1st Cir. 1996
Schulker v. Roberson 676 So. 2d 684 La. Ct. App. 3d Cir. 1996
Wheeler v. Louisiana Department of Transportation & Development 675 So. 2d 788 La. Ct. App. 1st Cir. 1996
13:5112 unconstitutional, stating, simply: the limitation conflicts with Louisiana Constitution Article XII, § 10(A).
Levron v. State 673 So. 2d 279 La. Ct. App. 4th Cir. 1996
Holt v. STATE EX REL. DEPT. OF TRANSP & DEV. 671 So. 2d 1164 La. Ct. App. 2d Cir. 1996
This cap was declared unconstitutional by the Louisiana Supreme Court in Chamberlain v. State, Dept. of Transportation and Development
Holt v. State ex rel. Department of Transportation & Development 671 So. 2d 1164 La. Ct. App. 2d Cir. 1996
This cap was declared unconstitutional by the Louisiana Supreme Court in Chamberlain v. State, Dept. of Transportation and Development
Moore v. RLCC Technologies, Inc. 668 So. 2d 1135 La. 1996
Smith v. St. Tammany Sheriff's Office 668 So. 2d 1331 La. Ct. App. 1st Cir. 1996
Chamberlain v. State, Department of Transportation and Development
State v. Clark 670 So. 2d 493 La. Ct. App. 3d Cir. 1996
Begnaud v. Department of Transp. & Dev. 679 So. 2d 113 La. Ct. App. 5th Cir. 1996
However, that legislative imposition of a since it contravened Article XII, § 10's proscription against sovereign immunity.
Williams v. Mumphrey 668 So. 2d 1274 La. Ct. App. 5th Cir. 1996
Chamberlain v. State, DOTD
Williams v. State, Dept. of Health & Hospitals 671 So. 2d 899 La. 1996
[2] The basis for the lower court's finding of unconstitutionality stems from a prior decision of this court namely, wherein we held that the statutory provision limiting a plaintiff's recovery against the state to $500,000.00 is unconstitutional.
BOARD OF COM'RS v. Bd. of Comm'rs of Atchafalaya Basin Levee Dist. 666 So. 2d 636 La. 1996
Bellard v. LA. CORRECTIONAL & INDUS. SCHOOL 661 So. 2d 430 La. 1995
Marler v. Petty ; Chamberlain v. State, through the Department of Transportation and Development
Rhodes v. STATE THROUGH DEPT. OF TRANSP. & DEV. 656 So. 2d 650 La. Ct. App. 1st Cir. 1995
As noted by the Louisiana Supreme Court in Chamberlain v. State, Department of Transportation and Development, LSA-C.C.P.
Edwards v. Pelican State Mutual Insurance Co. 657 So. 2d 440 La. Ct. App. 1st Cir. 1995
The threshold requirement for a mental pain and anguish claim under Lejeune is that the claimant must “either view the accident or injury causing event or come upon the accident scene soon thereafter and before substantial change has occurred in the victim’s condition.” Lejeune, at 570 ; Chamberlain v. State, Through DOTD
Moody v. United Nat. Ins. Co. 657 So. 2d 236 La. Ct. App. 5th Cir. 1995
They contend, however, that Butler was rendered "moot and obsolete" (La.
Rhodes v. State ex rel. Department of Transportation & Development 656 So. 2d 650 La. Ct. App. 1st Cir. 1995
As noted by the Louisiana Supreme Court in Chamberlain v. State, Department of Transportation and Development, LSA-C.C.P.
Marler v. Petty 653 So. 2d 1167 La. 1995
Chamberlain v. State, Through the Department of Transportation and Development
Heirs of Tarver v. State, Department of Health & Hospitals 653 So. 2d 1346 La. Ct. App. 1st Cir. 1995
Const. Art. XII § 10, relying on the Supreme Court’s interpretation of the waiver of sovereign immunity provision in Chamberlain v. State, Department of Transportation and Development
Trahan v. McManus 653 So. 2d 89 La. Ct. App. 3d Cir. 1995
We hold that the father, who did not merely learn of the accident from others, Cf., Chamberlain v. State, Through DOTD, -99 (La.App.
Magee v. Landrieu 653 So. 2d 62 La. Ct. App. 1st Cir. 1995
ISSUES The issues before this court are the applicability of the holding in Chamberlain v. State, Department of Transportation and Development, declaring the ceiling in favor of the state on non-economic damages as found in La.R.S.
BD. OF COM'RS OF ORLEANS LEVEE DISTRICT v. Connick 654 So. 2d 1073 La. 1995
Atlantic Pacific Marine Corp. v. State 648 So. 2d 1069 La. Ct. App. 1st Cir. 1994
Furthermore, we note that APMC’s (La.
Ayers v. Brazzell 648 So. 2d 406 La. Ct. App. 2d Cir. 1994
Vallo v. Gayle Oil Co., Inc. 646 So. 2d 859 La. 1994
Midboe v. Com'n on Ethics for Pub. Empl. 646 So. 2d 351 La. 1994
Amato v. Office of Com'r of Securities 644 So. 2d 412 La. Ct. App. 4th Cir. 1994
the Louisiana Supreme Court found that the legislature's power to enact laws which abrogate the effect of the abolition of state sovereign immunity evidenced by La.
Alessi v. Belanger 644 So. 2d 778 La. Ct. App. 1st Cir. 1994
1st Cir.), reversed on other grounds
White v. STATE, DEPT. OF PUBLIC SAFETY & CORRECTIONS 644 So. 2d 684 La. Ct. App. 1st Cir. 1994
13:5106(B)(1) which was subsequently held unconstitutional in Chamberlain v. State Department of Transportation and *699 Development
Thibodeau v. Mayor of Morgan City 640 So. 2d 830 La. Ct. App. 1st Cir. 1994
4 in which the supreme court found unconstitutional the cap on damage awards under Revised Statute 13:5106.
DiBenedetto v. Automotive Casualty Insurance Co. 638 So. 2d 385 La. Ct. App. 1st Cir. 1994
Appellee asserts the trial court erred in its limitation of the amount of damages awarded to the plaintiff was manifestly erroneous and, therefore, subject to reversal and remand for an increase in award under Chamberlain v. State, through DOTD
Simpson v. State Through DOTD 636 So. 2d 608 La. Ct. App. 1st Cir. 1994
However, that the $500,000 limit of general damages of LSA-R.S.
Bozeman v. Reed 633 So. 2d 944 La. Ct. App. 1st Cir. 1994
In Wilmer Chamberlain et al. v. State, through the Department of Transportation and Development, et al., (La.
Chamberlain v. State Through DOTD 633 So. 2d 871 La. Ct. App. 1st Cir. 1994
1st Cir.), reversed and remanded, this court ruled that the statutory cap was constitutional, and also addressed DOTD's argument that the trial court's award of $500,000.00 for Chad Chamberlain's general damages and his parents' loss of consortium claims was excessive.
Poche v. State Through DOTD 633 So. 2d 913 La. Ct. App. 1st Cir. 1994
The Louisiana Supreme Court in Chamberlain v. State, Through Department of Transportation and Development, put to rest the issue of the constitutionality of the $500,000.00 ceiling on general damages recoverable in a personal injury suit against the State of Louisiana, its agencies, or its subdivisions when it held unconstitutional La.R.S.
Jenkins v. State 634 So. 2d 7 La. Ct. App. 1st Cir. 1994
Ly v. State 633 So. 2d 1223 La. 1994
and Dev., and Segura v. *1224 Louisiana Architects and Selection Board
Explained Rick v. STATE, DOTD 630 So. 2d 1271 La. 1994
the limitation conflicts with Louisiana Constitution Article XII, § 10(A).
Mathieu v. Imperial Toy Corp. 632 So. 2d 375 La. Ct. App. 4th Cir. 1994
13:5106(B)(1), has been held unconstitutional, Chamberlain v. State, DOTD, and the City does not challenge *383 this award on any other basis, we pretermit discussion of that assignment.
Landry v. City of Erath 628 So. 2d 1178 La. Ct. App. 3d Cir. 1993
The majority's position is supported by the recent supreme court case of Chamberlain v. State, through DOTD, et al., (La.
Johnson v. Department of Public Safety 627 So. 2d 732 La. Ct. App. 2d Cir. 1993
See Chamberlain v. State of Louisiana, Through the Department of Transportation and Development
Ly v. State Through Dept. of Public Safety and Corrections 633 So. 2d 197 La. Ct. App. 1st Cir. 1993
*207 In Chamberlain v. State Department of Transportation and Development, 93-C-0472, the Louisiana Supreme Court recently held that LSA-R.S.
Payne v. New Orleans General Hospital 627 So. 2d 221 La. Ct. App. 1st Cir. 1993
2338 , 124 L.Ed.2d 249 (1993)
Thibodeau v. Mayor of Morgan City 629 So. 2d 362 La. 1993
Thibodeau v. Mayor & Councilmen of Morgan City 629 So. 2d 362 La. 1993