Arrington v. Galen–Med, Inc.
| Decision Date | 22 May 2012 |
| Docket Number | No. 2012–CA–0908.,2012–CA–0908. |
| Citation | 89 So.3d 1159 |
| Parties | Susan, Laura, and Joelle ARRINGTON v. GALEN–MED, INC., HealthCare Indemnity, Inc., and the State of Louisiana, et al. Charles & Sharon Taylor v. Estate of Dr. Richard Joseph Clement. |
| Court | Louisiana Supreme Court |
OPINION TEXT STARTS HEREPER CURIAM.
[2012-0908 (La. 1]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(B), 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.
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State v. Seiler
...89 So.3d 1159STATE of Louisianav.Mark SEILER.No. 2012–KK–0389.Supreme Court of Louisiana.May 25, [89 So.3d 1160]PER CURIAM.* [2012-0389 (La. 1]Granted. The State sought review on writ of certiorari to the Court of Appeal, Fourth Circuit, of the trial court's ruling granting the defendant's ......