ST. CHARLES SURGICAL HOSPITAL, LLC AND CENTER FOR RESTORATIVE BREAST SURGERY, LLC Vs. LOUISIANA HEALTH SERVICE & INDEMNITY COMPANY D/B/A BLUE CROSS AND BLUE SHIELD OF LOUISIANA, BLUE CROSS & BLUE SHIELD OF LOUISIANA, INC., AND HMO LOUISIANA, INC.
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ST. CHARLES SURGICAL HOSPITAL, LLC AND CENTER FOR RESTORATIVE BREAST SURGERY, LLC * NO. 2018-C-0052 * COURT OF APPEAL * FOURTH CIRCUIT VERSUS * STATE OF LOUISIANA LOUISIANA HEALTH ******* SERVICE & INDEMNITY COMPANY D/B/A BLUE CROSS AND BLUE SHIELD OF LOUISIANA, BLUE CROSS & BLUE SHIELD OF LOUISIANA, INC., AND HMO LOUISIANA, INC. APPLICATION FOR REHEARING CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2017-01095, DIVISION “C” Honorable Sidney H. Cates, Judge ****** Judge Regina Bartholomew-Woods ****** (Court composed of Judge Daniel L. Dysart, Judge Regina Bartholomew-Woods, Judge Paula A. Brown) JAMES M. GARNER JOSHUA S. FORCE TIMOTHY B. FRANCIS MICHAEL R. DODSON SHER GARNER CAHILL RICHTER KLEIN & HILBERT, L.L.C. 909 Poydras Street, Suite 2800 New Orleans, LA 70112 JAMES M. WILLIAMS DAVID R. SHERMAN DANIEL E. BURAS, JR. MATTHEW A. SHERMAN PATRICK R. FOLLETTE CHEHARDY, SHERMAN, WILLIAMS, MURRAY, RECILE, STAKELUM & HAYES, L.L.P. One Galleria Blvd., Suite 1100 Metairie, LA 70001 COUNSEL FOR PLAINTIFFS-RESPONDENTS RICHARD J. TYLER COVERT J. GEARY MICHAEL C. DREW TYLER J. RENCH Jones Walker LLP 201 St. Charles Avenue, 49th Floor New Orleans, LA 70170-5100 GARY M. CARTER, JR. Gary M. Carter, Jr., LLC 1130 St. Charles Avenue New Orleans, LA 71030 COUNSEL FOR DEFENDANTS-RELATORS REHEARING GRANTED; WRIT GRANTED, IN PART AND DENIED, IN PART JUNE 6, 2018 Plaintiffs-Respondents’ application for rehearing is granted for the limited purpose of amending and clarifying this Court’s prior writ disposition in this matter. This Court modifies its prior writ disposition to deny, in part, and to grant, in part, as follows: This Court maintains that the trial court erred in denying DefendantsRelators’ peremptory exceptions of res judicata and no cause of action (“the exceptions”) only as it concerns those claims arising from facts and circumstances that were the subject of the federal court proceeding, specially claims prior to January 2015. Therefore, this Court modifies its writ disposition, so as to reverse the trial court’s judgment and grant the exceptions for those claims arising prior to January 2015, and affirm the trial court’s judgment denying the exceptions with respect to those claims arising after January 2015. REHEARING GRANTED; WRIT GRANTED, IN PART AND DENIED, IN PART 1
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