Cited by
Opinions in Louisiana that cite Midboe v. Com'n on Ethics for Pub. Empl., 646 So. 2d 351.
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Ela Group, Inc. v. Bradley Murchison Kelly & Shea, Llc
La. 2025
11/30/94), -58 (overruled on other grounds).
- Franklin v. City of Alexandria 272 So. 3d 120 La. Ct. App. 1st Cir. 2019
- Armstead Franklin v. City of Alexandria La. Ct. App. 3d Cir. 2019
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Mallard Bay Drilling, Inc. v. Kennedy
914 So. 2d 533
La. 2005
Employees, 94-2770, p. 7 (La.11/30/94), ("An administrative agency does not have the authority to determine the constitutionality of statutes.") [6] The district court's reasons for judgment indicate that additional post-trial memoranda were filed after Mallard filed the supplemental post-trial memorandum referred to above.
- Evans v. Louisiana Patient's Compensation Fund 869 So. 2d 234 La. Ct. App. 1st Cir. 2004
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ANR Pipeline Co. v. Louisiana Tax Com'n
851 So. 2d 1145
La. 2003
Midboe v. Commission on Ethics for Public Employees, 94-2270, p. 7 (La.11/30/94), , quoted in Albe , 97-0581 at 7-8, 700 So.2d at 828 .
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City of Kenner v. Kyle
846 So. 2d 34
La. Ct. App. 1st Cir. 2003
Employees, 94-2270 (La.11/30/94), .
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HANOVER COMPRESSOR v. Department of Revenue
838 So. 2d 876
La. Ct. App. 3d Cir. 2003
Empl., 94-2270 (La.11/30/94); , the Board was not addressing the constitutionality of a statute in this instance.
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Dept. of Agriculture v. STATE LICENSING BD.
837 So. 2d 726
La. Ct. App. 2d Cir. 2003
Midboe v. Commission on Ethics for Public Employees, 94-2270 (La.11/30/94), .
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Duplantis v. Louisiana Bd. of Ethics
782 So. 2d 582
La. 2001
In doing so, the majority overrules a portion of Midboe v. Commission on Ethics for Public Emp., 94-2270 (La.11/30/94), .
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RMI v. Southdown Care Center
747 So. 2d 809
La. Ct. App. 1st Cir. 1999
There is no doubt that the Office of Workers' Compensation, like the Commission on Ethics for Public Employees in Midboe [v. Commission on Ethics for Public Employees, 94-2270 (La.11/30/94), ], is an administrative agency.
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Reid v. Commission on Ethics for Public Employees
715 So. 2d 700
La. Ct. App. 2d Cir. 1998
In Midboe v. Commission on Ethics for Public Employees, 94-2270 (La.11/30/94), , the Supreme Court held that the district court has limited subject matter jurisdiction in the arena of govemmental/public employee ethics when a determination of the constitutionality of a statutory provision of the ethics code is required.
- State ex rel. C.W. 712 So. 2d 245 La. Ct. App. 1st Cir. 1998
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Jones v. BD. OF ETHICS FOR ELECTED OFFICIALS
709 So. 2d 841
La. Ct. App. 1st Cir. 1998
supreme court in Charles D. Jones v. Board of Ethics for Elected Officials, 96-2005 (La.5/9/97); , reversed this court on the issue of subject matter jurisdiction, holding: Even though in the present case we are faced with a constitutional challenge to the procedure of the Board of Ethics, unlike Midboe's [ Midboe v. Commission on Ethics for Public Employees, 94-2270 (La.11/30/940); ] challenge to the constitutionality of a statute, we find the district court under these circumstances is vested
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Albe v. Louisiana Workers Compensation Corp.
702 So. 2d 1388
La. 1997
The majority relies on Midboe v. Commission on Ethics for Public Employees, 94-2770 (La.11/30/94), to support the proposition that “administrative agencies do not have the authority to determine questions of constitutionality.” Midboe is not controlling here because the administrative agency involved in that case was the Department of Environmental Quality, which, unlike the Office of Workers’ Compensation Administ
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Transit Management of Southeast Louisiana, Inc. v. COM'N ON ETHICS
703 So. 2d 576
La. 1997
In Midboe v. Commission on Ethics for Public Employees, 94-2270 (La.11/30/94), , this Court noted: [A]n advisory opinion by the Commission is a preliminary or intermediate action or ruling by an ethics body within the meaning of La.R.S.
- RCS Gaming, Inc. v. State ex rel. Louisiana Gaming Control Board 705 So. 2d 1124 La. Ct. App. 1st Cir. 1997
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Albe v. LOUISIANA WORKERS'COMPENSATION CORP.
700 So. 2d 824
La. 1997
In Midboe v. Commission on Ethics for Public Employees, 94-2270 (La.11/30/94), , this court specifically addressed the issue, stating: The determination whether a statute is unconstitutional is a purely judicial function.
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Jones v. Board of Ethics for Elected Officials
694 So. 2d 171
La. 1997
Notwithstanding, in Midboe v. Commission on Ethics for Public Employees, 94-2270 (La.11/30/94); , we recognized that this jurisdictional scheme was not without exception.
- Wilson v. La. Safety Ass'n of Timberman 690 So. 2d 974 La. Ct. App. 2d Cir. 1997
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Valencia Bartels de Nunez v. Valencia Bartels
684 So. 2d 1001
La. Ct. App. 1st Cir. 1996
11/30/94), ; Gurvich v. New Orleans Private Patrol Service, Inc., (La.App.
- Parker v. ST. TAMMANY HOSP. SERV. DIST. 670 So. 2d 531 La. Ct. App. 1st Cir. 1996
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Board of Supervisors of Louisiana State University & Agricultural & Mechanical College v. Commission on Ethics for Public …
669 So. 2d 593
La. Ct. App. 1st Cir. 1996
11/30/94), ; In re Amtext, Inc., (La.
- In re Regions Banks of Louisiana 665 So. 2d 824 La. Ct. App. 1st Cir. 1995
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City of Baton Rouge v. ETHICS COM'N FOR PUB. EMP.
655 So. 2d 457
La. Ct. App. 1st Cir. 1995
11/30/94); (citing Board of Commissioners, (La.App.
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La. Ins. Guar. Ass'n v. COM'N ON ETHICS FOR PUB. EMP.
656 So. 2d 670
La. Ct. App. 1st Cir. 1995
11/30/94); ; In re Amtext, Inc., (La.App.
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Twin Parish Port Com'n v. Berry Bros., Inc.
650 So. 2d 748
La. 1995
See also, (Dennis, J., concurring).