No. 2012-CA-0908 Precedential Set aside Processed

Arrington v. Galen-Med, Inc.

Louisiana Supreme Court · Filed May 22, 2012 · 89 So. 3d 1159

Cited by

State of Louisiana Versus Jontreal A. Fisher La. Ct. App. 5th Cir. 2020
State v. Jefferson 140 So. 3d 235 La. Ct. App. 1st Cir. 2014
State v. Reyes 114 So. 3d 547 La. Ct. App. 2d Cir. 2013
Susan Arrington, Etc. v. Er Physician Group, Inc. La. Ct. App. 3d Cir. 2013
Arrington v. ER Physician Group, Inc. 110 So. 3d 193 La. Ct. App. 1st Cir. 2013

Authorities cited

Identified automatically; this list may not be exhaustive.

Oliver v. MAGNOLIA CLINIC 85 So. 3d 39
Butler v. Flint Goodrich Hosp. of Dillard Univ. 607 So. 2d 517

Opinion text

PER CURIAM. | r Defendants invoke the appellate jurisdiction of this court pursuant to La. Const, art. V, § 5(D) to review a judgment of the district court declaring La. R.S. 40:1299.42(13), which places a cap on damages in medical malpractice actions, to be unconstitutional. Pretermitting the merits, we find that at the time the district court rendered its judgment, it did not have the benefit of our recent opinion in Oliver v. Magnolia Clinic, 11-2132 (La.3/13/12), 85 So.3d 39 . In Oliver, we reiterated our holding in Butler v. Flint Goodrich Hospital, 607 So.2d 517 (La. 1992), cert. denied, 508 U.S. 909 , 113 S.Ct. 2338 , 124 L.Ed.2d 249 (1993), and recognized the malpractice cap was constitutional. Accordingly, the judgment of the district court is vacated and set aside. The case is remanded to the district court to reconsider its ruling in light of Oliver v. Magnolia Clinic, 11-2132 (La.3/13/12), 85 So.3d 39 .