Legal Opinion

Louisiana Employers-Managed Insurance Co. v. Litchfield

Louisiana Court of Appeal

Decided December 28, 2001No. 2001 CA 0123PublishedCited by 2 opinions

1Opinion of the Court

| gPARRO, Judge.

In this case, a taxpayer challenges a trial court judgment dismissing its suit for recovery of taxes paid under protest, based on a peremptory exception raising the objection of prescription filed by the tax collector. This appeal addresses the salient issue of when a taxpayer’s right to litigate for a refund of taxes paid under protest prescribes.

Factual and Procedural Background

According to the allegations of its petition, Louisiana Employers-Managed Insurance Company (LEMIC) is a stock insurance company as defined in LSA-R.S. 22:71 et seq. In the spring of 1999, the taxing…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business RegulationSupreme Court of the United States · 1990
  2. Church Point Wholesale Beverage Co., Inc. v. TarverSupreme Court of Louisiana · 1993
  3. Capital Drilling Co. v. GravesLouisiana Court of Appeal · 1986
  4. Graves v. Businelle Towing Corp.Louisiana Court of Appeal · 1996
  5. Comm-Care Corp. v. BishopSupreme Court of Louisiana · 1997

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3Cited by2 opinions

  1. Tealwood Properties, L.L.C. v. Succession of GravesLouisiana Court of Appeal · 2011
  2. LOUISIANA EMP.-MANAGED INS. CO. v. LitchfieldLouisiana Court of Appeal · 2001

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