Louisiana Administrative Law Cases

Attack on LA Worker's Compensation Law

Court will not enforce ALJ order against the agency - Bonvillian v. Dep't of Insurance, 906 So.2d 596 (La.App. Cir.1 2005) - After remand, the court orders that the agency enforce the ALJ order: Bonvillian v. Dep't of Insurance, 906 So.2d 596 (La.App. Cir.1 2005)

Do ALJs trump agencies? - Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005)

Louisiana Municipal Association v. State, 893 So.2d 809 (La. 2005)

State v. Alfonso, 753 So.2d 156 (La. 1999)

Cressey v. Foster, 694 So.2d 1016 (La.App. 1 Cir. 1997)

State v. All Pro Paint and Body Shop, Inc., 639 So.2d 707 (La 1994)

Allen v. Louisiana State Bd. of Dentistry, 543 So.2d 908 (La. 1989) - Court limits the role of staff in administrative hearings, rejects the exclusion of evidence obtained by third parties.

Legislature cannot delegate right to define crimes to agency - State v. Taylor, 479 So.2d 339 (La.1985)

Adams v. State Dep't of Health, 458 So.2d 1295 (La. 1984)

State v. Broom, 439 So.2d 357 (La. 1983) - This case raised the question of whether a criminal prosecution could be based on an agency rule. Excellent discussion and rejection of the non-delegation doctrine in LA. The court first upheld the prosecution, then in a rehearing recorded at the end of the opinion, the court found that the allowing criminal prosecution under an agency regulation violated separation of powers.

Does Patient's Compensation Fund have exclusive jurisdiction over the future medical claims? - Kelty v. Brumfield, 633 So.2d 1210 (La. 94)