Legal Opinion · Concurrence

Louisiana Hospital Ass'n v. State

Louisiana Court of Appeal

Decided December 30, 2014No. 2013 CA 0579Published

1ConcurrenceKuhn, J.

I .Because I agree with the reversal and remand of this case, I concur in the result. But I believe the holding — that since Governor Jindal had no authority to enact substantive law, he had no authority to transfer such power to the Department of Insurance; and as such, the Department exceeded any authority given under La. R.S. 29:274 to enact sections 4719 and 4721 of Rule 26 — is dicta.

La. C.C.P. art. 1871 permits courts to declare the rights, status, and other legal relations of the parties. A person whose rights, status, or other legal relations are affected by, among other things, an…

2Cases cited2 opinions

  1. Lemoine v. Baton Rouge Physical TherapyLouisiana Court of Appeal · 2013
  2. Nosser v. Health Care Trust Fund Bd.Louisiana Court of Appeal · 1996

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