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PUMPHREY v. CITY OF NEW ORLEANS

No. 2005-C-979.

925 So.2d 1202 (2006)

Kathleen PUMPHREY v. The CITY OF NEW ORLEANS. Darlene Rizzuto v. The City of New Orleans. Fred Farve, Jr. v. The City of New Orleans. Michael Ricks and Vivian Ricks v. The City of New Orleans. Barbara Ellis v. The City of New Orleans. Herbert Craig v. The City of New Orleans. A. Ray Piattoly v. The City of New Orleans. Patrick Murphy v. The City of New Orleans. Ignatius James v. The City of New Orleans.

Supreme Court of Louisiana.

April 4, 2006.

Attorney(s) appearing for the Case

Penya Moses-Fields, City Attorney, Evelyn F. Pugh, Chief Deputy City Attorney, Thomas A. Robichaux, Heather M. Valliant, Franz L. Zibilich, Assistant City Attorneys, for applicant.

Silbert & Garson, Robert J. Garon, Tamica J. Cryer, New Orleans, William G. Merritt, for respondent.

KNOLL, Justice.

This civil case addresses the legal question of whether La.Rev.Stat. 33:3062(B) exempts the City of New Orleans with regard to its self-funded employee health care insurance plan from the penalty provisions of La.Rev.Stat. 22:657(A). Plaintiffs filed individual suits seeking penalties and attorneys fees for non-payment and/or untimely payment of insurance benefits, which were due and payable to plaintiffs, under the City of New Orleans's self-funded...

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