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ADMINISTRATIVE

1.Court reinstates LPSC's determination that Entergy violated 300 Foot Rule.
Entergy Louisiana LLC v. Louisiana Public Service Comm'n, 2016-CA-0424 (La. 03/15/17) [14 pp.]
From LSCR Volume 25, Issue 3
     United Plant Services is a family-owned company that provides machine repair services. It planned construction of a building in Trout, Louisiana on a ten-acre... view full summary
2.Court remands for civil service board's consideration of alcohol breath test of firefighter.
City of Alexandria v. Kendall Dixon, 2015-CC-1718 (La. 05/03/16) [15 pp.]
From LSCR Volume 24, Issue 5

          Kendall Dixon was hired as a firefighter for the Alexandria Fire Department in 2009. The Fire Department had a "zero-to... view full summary
3.Civil Service Commission did not abuse its discretion in terminating medical assistant.
Miochi Sumling v. Department of Health, 2014-C-1423 (La. 11/07/14) [4 pp.]
From LSCR Volume 22, Issue 11

          Plaintiff was a permanent classified employee of the Department of Health of the City of New Orleans, working as a medi... view full summary
4.Because investigation of terminated police officer involved criminal activity, time limits in Section 40:2531 did not apply.
Thomas McMasters v. Department of Police, 2013-C-2634 (La. 02/28/14) [2 pp.]
From LSCR Volume 22, Issue 3

          On November 23, 2009, plaintiff, an employee of the New Orleans Police Department, became the subject of a complaint. The complaint al... view full summary
5.Terminated officer not entitled to copy of statement other officer made during investigation of complaint.
Julie Gaspard v. City of Abbeville, 2013-C-2817 (La. 03/14/14) [3 pp.]
From LSCR Volume 22, Issue 3

          Plaintiff, an officer with the Abbeville Police Department, was involved in an incident that occurred during a classroom taser demonst... view full summary
6.Definition of health care "facility" in enabling statute controlled over definition in administrative rule.
Midtown Medical, LLC v. Department of Health and Hospitals, 2014-C-0005 (La. 03/14/14) [4 pp.]
From LSCR Volume 22, Issue 3

          La. R.S. Section 40:2199 sets forth a scheme for licensure enforcement applicable to certain health care facilities. The term "facilit... view full summary
7.Civil Service Commission properly determined that administrative investigation of police officer's conduct was concluded timely.
Patrick O'Hern v. New Orleans Police Department, 2013-C-1416 (La. 11/08/13) [8 pp.]
From LSCR Volume 21, Issue 11

          Plaintiff was employed as an officer with the New Orleans Police Department (NOPD). While on duty on December 12, 2009, he left his pa... view full summary
8.Pre-termination hearing did not violate due process.
Theodore Lange v. Orleans Levee District, 2010-C-0140 (La. 11/30/10) [18 pp.]
From LSCR Volume 18, Issue 12
The Orleans Levee District (OLD) hired plaintiff in 1973, and he attained permanent status that year. A civil servant with permanent status cannot be subjected to disciplinary action by his employer... view full summary
9.Public Service Commission properly released customers from water service.
Charles Hopkins DBA Old River Water Company v. Louisiana Public Service Commission, 2010-CA-0255 (La. 05/19/10) [5 pp.]
From LSCR Volume 18, Issue 5
Old River Water Company is a sole proprietorship owned by Charles Hopkins and operated as a public utility providing water service to customers in Pointe Coupee Parish. In July and August2006 approxi... view full summary
10.District court had subject matter jurisdiction in civil service appeal.
Kalford K. Miazza v. City of Mandeville, 2010-C-0304 (La. 05/21/10) [1 p.]
From LSCR Volume 18, Issue 5
Plaintiff, a permanent, classified civil service employee, was employed as a sergeant with the Mandeville Police Department. When plaintiff was not promoted to captain, he appealed thedecision to the... view full summary
11.District court does not have original jurisdiction of tax assessment challenge.
Clyde A. "Rock" Gisclair v. La. Tax Comm'n, 2009-C-0007 (La. 6/26/09) [11 pp.]
From LSCR Volume 17, Issue 7
          Plaintiff Clyde A. "Rock" Gisclair, as tax assessor for the parish of St. Charles, filed a petition seeking review of the Louisiana Tax Comm... view full summary
12.Additional competition will not harm existing common carriers.
Vacuum Truck Carriers v. Louisiana Pub. Service Comm'n, 2008-CA-2340 (5/5/09)[18 pp.]
From LSCR Volume 17, Issue 5
          Plaintiff Vacuum Truck Carriers of Louisiana, Inc. (Vacuum Truck), filed this suit as an appeal from the ruling of the Louisiana Public Serv... view full summary
13.Injury-related firefighter retirement benefits construed.
Bowers v. Firefighter's Retirement System, 2008-C-1268 (La. 3/17/09) [10 pp.]
From LSCR Volume 17, Issue 3
          Plaintiff Bowers was hired in 1991 by Caddo Fire District no. 4 as a firefighter/operator, and ultimately became Fire Captain. While so empl... view full summary
14.No reasonable suspicion existed to test police officer for drugs; officer reinstated.
Richard v. Lafayette Fire and Police Civil Service Bd., 08-C-1044 (La. 2/6/09) [30 pp.]
From LSCR Volume 17, Issue 2
          Plaintiff John Keith Richard was terminated from his position with the Lafayette City Police Department, on the grounds that he had tested p... view full summary
15.Police department ordered to reinstate officer; calculation of back pay depends upon date of medical release to duty.
Shawn Madison v. Department of Police, 2007-C-2405 (La. 10/31/08) [2 pp.]
From LSCR Volume 16, Issue 11
          Previously, on writ of certiorari in this case, the Court issued an opinion upholding a New Orleans Civil Service Commission ("Civil Service... view full summary
16.LPSC order that power company refund excessive charges is not "ratemaking."
Entergy Louisiana v. La. Public Service Comm'n, 08-CA-0284 (La. 7/1/08) [21 pp.]
From LSCR Volume 16, Issue 7
          Plaintiff Entergy Corporation owns six public utilities ("the Operating Companies"), including plaintiff Entergy Louisiana, which produce an... view full summary
17.Police Officer should have been placed on medical leave and not terminated following Katrina.
Shawn Madison v. Department of Police, 07-C-2405 (La. 4/4/08) [7 pp.]
From LSCR Volume 16, Issue 4
          Relator Shawn Madison is one of several employees of the New Orleans Police Department ("NOPD") who did not report for duty as scheduled fol... view full summary
18.300-foot rule violated; power meter is not the "point of service."
Washington St. Tammany Elec. Coop. v. La. Pub. Serv. Comm'n, 07-CA-0399 (La. 6/29/07) [13 pp.]
From LSCR Volume 15, Issue 7
          The issue in this case is whether Washington St. Tammany Electric Cooperative (WST) violated the "300 Foot Rule" by extending electrical ser... view full summary
19.PSC ruling overturned as arbitrary and capricious.
Eagle Water, Inc. v. Louisiana Public Service Commission, 2006-CA-1899 (La. 1/17/07) [12 pp.]
From LSCR Volume 15, Issue 1
          Plaintiff Eagle is a company which provides water and wastewater services to customers in Caddo and Bossier Parishes. Theresa A. Knight ("Kn... view full summary
20.Time limit for civil service investigation is not mandatory.
William Marks v. New Orleans Police Department, 06-C-0575 (La. 11/29/06) [13 pp.]
From LSCR Volume 14, Issue 12
          Sergeant William Marks, a New Orleans police officer with permanent status, was disciplined for an incident which occurred on November 2, 20... view full summary
21.Insurance Commissioner cannot appeal ALJ's regulatory ruling; Admin. Procedure Act construed.
J. Robert Wooley , Acting Comm'r of Insurance v. State Farm Fire and Cas. Co., 2004-CA-0882, (La. 01/19/05) [42 pp.]
From LSCR Volume 13, Issue 2
          The two-phased litigation began when State Farm Fire and Casualty Ins. Co. ("State Farm") filed with the Insurance Commissioner a Rental Con... view full summary
22.Teacher fired by a school board after a removal hearing must pay the costs of transcribing the record for appeal.
L.D. Spears, Jr. v. Beauregard Parish Sch. Bd., 2002-CC-2870 (La.6/27/03) [9 pp.]
From LSCR Volume 11, Issue 8
          Charged with four acts of dishonesty, and after a hearing by the school board in accordance with La.R.S. Section 17:443, plaintiff Spears wa... view full summary
23.Polygraph admissible in police disciplinary proceeding.
Evans v. DeRidder M unicipa l Fire and Police Civil Ser vice Bd., 01-C -24 66 (La. 4/3 /02) [15 pp.]
From LSCR Volume 10, Issue 4
Defendant Evans appeals his dismissal from his job as a DeRidder police officer. Evans had interviewed a shooting suspect named Prater, who then gave information that led to the arrest on narcotics c... view full summary
24.Chain of custody of urine sample upheld.
Arriola v. Orleans Parish Sch. Bd., 01-C-1878 (La. 2/26/02) [16 pp.]
From LSCR Volume 10, Issue 3
Plaintiff petitioned for review of his termination as a school teacher. The school board terminated plaintiff after a urine sample tested positive for cocaine. At the administrative hearing, the Supe... view full summary
25.Public Service Commission can set pilotage rates despite shipping industry commissioner walk-out.
CITGO v. La. Public Service Comm'n, 01-CA-1902 c/w 01-CA-1904 [13 pp.]
From LSCR Volume 10, Issue 3
The tariffs for pilotage in the Lake Charles area are set by the Lake Charles Pilots, Inc. Fee Commission, composed of four pilots and four shipping industry representatives, who are to set fees by m... view full summary
26.Two-year abandonment period for DEQ compliance orders does not apply retroactively.
La. Dept. of Environmental Quality v. Wayne L. Rottman, 01-C-0678 (La. 11/28/01) [5 pp.]
From LSCR Volume 9, Issue 11
          Plaintiff DEQ ordered defendant to close his solid waste disposal site in 1991. Defendant failed to appeal the compliance order, and it ther... view full summary
27.District and appellate courts have neither appellate nor supervisory jurisdiction over nonfinal actions of the Gaming Control Board.
Metro Riverboat Associates, Inc. v. Louisiana Gaming Control Board, No. 01-C-0185 (La. 10/16/01) [11 pp.]
From LSCR Volume 9, Issue 10
          Plaintiff Metro was a 50.1% owner of the Belle of New Orleans riverboat company. Hilton was the 49.9% owner. Hilton petitioned the Louisiana... view full summary