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State ex rel. Caldwell v. Fresenius Medical Care Holdings, Inc.

Citations: 188 So. 3d 1057; 2016 La. LEXIS 536; 2016 WL 1042926Docket: No. 2016-CC-0316

Court: Supreme Court of Louisiana; March 3, 2016; Louisiana; State Supreme Court

Narrative Opinion Summary

In the case "In re 100 Fresenius Clinic," several entities associated with Fresenius Medical Care, including Fresenius Medical Care Holdings, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., and Fresenius USA, are the defendants. They applied for supervisory and/or remedial writs related to a matter from the 19th Judicial District Court, Parish of E. Baton Rouge, case number 631586. The Court of Appeal, First Circuit, reviewed the application under docket number 2016 CW 0201 and ultimately denied the writs. However, Justices Johnson and Weimer expressed a dissenting opinion, indicating they would have granted the application.

Legal Issues Addressed

Dissenting Judicial Opinion

Application: Justices Johnson and Weimer dissented from the majority decision, indicating they would have granted the application for writs.

Reasoning: However, Justices Johnson and Weimer expressed a dissenting opinion, indicating they would have granted the application.

Supervisory and Remedial Writs

Application: The court reviewed and denied the defendants' application for supervisory and/or remedial writs in a case from the 19th Judicial District Court.

Reasoning: The Court of Appeal, First Circuit, reviewed the application under docket number 2016 CW 0201 and ultimately denied the writs.