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Perez v. Tulane University Hospital & Clinic

Citations: 996 So. 2d 1096; 2008 La. LEXIS 2596Docket: No. 2008-CC-2231

Court: Supreme Court of Louisiana; November 13, 2008; Louisiana; State Supreme Court

Narrative Opinion Summary

In the case of In re O’Neill, Patrick Dr. Artecona, Jose Dr. Tulane University Hospital and Clinic, and others, the administrators of the Tulane Educational Fund, the defendants applied for supervisory and/or remedial writs in the Civil District Court for Orleans Parish, specifically in Division D, under case numbers 02-19200 and 04-14321. The matter was subsequently brought before the Court of Appeal for the Fourth Circuit, assigned case number 2008-C-0743. The application for writs was denied by the court, although Judge Victory expressed a dissenting opinion, indicating he would have granted the writs.

Legal Issues Addressed

Application for Supervisory and/or Remedial Writs

Application: The defendants sought supervisory and/or remedial writs from the Civil District Court for Orleans Parish in connection with their case.

Reasoning: The defendants applied for supervisory and/or remedial writs in the Civil District Court for Orleans Parish, specifically in Division D, under case numbers 02-19200 and 04-14321.

Denial of Writ Application by Court of Appeal

Application: The Court of Appeal for the Fourth Circuit denied the application for writs submitted by the defendants.

Reasoning: The application for writs was denied by the court, although Judge Victory expressed a dissenting opinion, indicating he would have granted the writs.

Dissenting Opinion in Writ Denial

Application: Judge Victory dissented in the decision to deny the application for writs, stating that he would have granted them.

Reasoning: The application for writs was denied by the court, although Judge Victory expressed a dissenting opinion, indicating he would have granted the writs.