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DONELON v. LOUISIANA DIV. OF ADMIN. LAW

No. 07-30482.

522 F.3d 564 (2008)

James J. DONELON, Commissioner of Insurance for the State of Louisiana, Plaintiff-Appellant, v. LOUISIANA DIVISION OF ADMINISTRATIVE LAW, Through Its Director, Ann WISE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 28, 2008.

Attorney(s) appearing for the Case

Terrel J. Broussard (argued), William Matthew Davis, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, LA, for Plaintiff-Appellant.

Daniel A. Webb (argued), John Joseph Danna, Jr., Sutterfield & Webb, New Orleans, LA, for Defendant-Appellee.

William Shelby McKenzie, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for Amicus Curiae, Nat. Ass'n of Ins. Comr's.

Before JONES, Chief Judge, and DAVIS and GARZA, Circuit Judges.

EDITH H. JONES, Chief Judge:

James J. Donelon, Commissioner of Insurance for the State of Louisiana, challenges the district court's dismissal of his declaratory judgment action attacking the constitutionality of LA.REV.STAT. ANN. § 49:992(B)(2). He argued that under 18 U.S.C. § 1033, he is the sole authority in Louisiana who may regulate which individuals may engage in the insurance business. Section 49:992(B)(2), he contends, is unconstitutional because...

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