Preview:

SUPREME COURT OF LOUISIANA
NO. 98-CA-0056 PERFUSION SERVICES OF BAXTER HEALTHCARE CORPORATION AND MR. PAUL WEBB versus HONORABLE MURPHY J. FOSTER, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF LOUISIANA, ET AL. ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT COURT, FOR THE PARISH OF EAST BATON ROUGE, HONORABLE JEWEL "DUKE" WELCH, JUDGE

Victory, J.* This matter comes to us on direct appeal from a trial court's finding that La. R.S. 51:916(B)(1)(2)(3) is unconstitutional insofar as it prohibits receipt of compensation for the "use" of products or equipment used in the performance of clinical perfusion services and its granting of a preliminary injunction prohibiting the enforcement of the statute insofar as it prohibits the receipt of compensation for such use. In addition, although the trial court found the statute to be constitutional in all other respects, we will consider whether the trial court was correct in granting a preliminary injunction of one year prohibiting the enforcement of the constitutional portions of the statute.

*

Calogero, C. J., not on panel. Rule IV, Part 2,

Download 98-CA-0056 PERFUSION SERVICES OF BAXTER HEALTHCARE CORPORATION AND MR. PAUL WEBB

Louisiana Law