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NEEDOM v. ROBEIN

Nos. 2008-CA-0318, 2008-CA-0319.

7 So.3d 30 (2009)

Donald A. NEEDOM, Stanford S. Collins, Nevell A. Choina, Jr., Frank J. Cina, Alfredo Digregorio, Robert H. Dudenhefer, Louis J. Gentry, Sr., et al. v. Louis L. ROBEIN, Jr. and XYZ Insurance Company. Gerald J. Boesch, Robert M. Buisson, Sr., Terry Lonatro, Ralph W. Maronge, Garry L. Montegue, Frank O'Halloran, III, Lynn A. Wattigny v. Louis L. Robein, Jr. and XYZ Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied May 1, 2009.

Attorney(s) appearing for the Case

Robert H. Matthews, Pauline M. Warriner, New Orleans, LA, for Donald Needom and Gerald J. Boesch.

Gus A. Fritchie, III, McDonald G. Provosty, Irwin Fritchie Urquhart & Moore LLC, New Orleans, LA, for Louis L. Robein.

(Court composed of Judge MAX N. TOBIAS, JR., Judge EDWIN A. LOMBARD, Judge PAUL A. BONIN).

PAUL A. BONIN, Judge.

This case tests the limits of judicial restraint in deferring to the policy choices of the Louisiana Legislature. In the end, we do not cross the established boundary; we conclude that La. R.S. 9:5605 is not unconstitutional. Accordingly, for the reasons below, we affirm the trial court judgment sustaining the defendants' exception of no cause of action and dismissing with prejudice these consolidated...

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