The Louisiana Supreme Court again sent back the Barber constitutionality suit on procedural grounds. In a release, the justices explain:
“A review of the district court’s judgment indicates the court permanently enjoined the application of certain medical treatment schedule provisions. However, nothing in the district court’s judgment declares a law or ordinance unconstitutional. Although the district court’s reasons for judgment discuss the constitutionality of the medical treatment schedule provisions, it is well-settled law that the district court’s oral or written reasons form no part of the judgment. In the absence of declaration of unconstitutionality in the district court’s judgment, this court lacks appellate jurisdiction.”
Due to these jurisdictional issues, the court transferred the appeal to the First Circuit Court of Appeal.
Download the per curium here: Barber v LWC_LA Supreme Ct per curium 6.5.17
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