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WOMEN'S HEALTH CLINIC v. STATE

No. 2002 CA 0016.

825 So.2d 1208 (2002)

WOMEN'S HEALTH CLINIC, a Corporation Duly Authorized to do Business in Louisiana, Causeway Medical Clinic, a Corporation Duly Authorized to do Business in Louisiana, Bossier City Medical Suite, Hope Medical Group for Women, James Deguerce, M.D., on Behalf of Themselves and the Patients They Serve v. The STATE of Louisiana.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 20, 2002.

Writ Denied November 1, 2002.

Attorney(s) appearing for the Case

William E. Rittenberg, New Orleans, for Plaintiff/Appellee Women's Health Clinic, et al.

Roy A. Mongrue, Jr., Baton Rouge, for Defendant/Appellant The State of Louisiana.

Before: FITZSIMMONS, DOWNING and LANIER, JJ.

DOWNING, Judge.

This matter comes to us on transfer from the Louisiana Supreme Court to review the merits of a trial court judgment after the Supreme Court vacated the portion of the district court judgment declaring LSA-R.S. 9:2800.12 unconstitutional. This statute imposes tort liability on abortion providers in favor of "the mother of the unborn child for any damage occasioned or precipitated by the abortion." The trial court judgment granted a preliminary injunction...

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