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ARRINGTON v. ER PHYSICIAN GROUP, INC.

No. 12-995.

110 So.3d 193 (2013)

Susan ARRINGTON, etc. v. ER PHYSICIAN GROUP, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

February 6, 2013.

Attorney(s) appearing for the Case

Stephen M. Pizzo , Metairie, LA, for Defendant/Appellee, Galen-Med, Inc.

J. Elliott Baker , Special Assistant Attorney General, Covington, LA, for Defendants/Appellees, State of Louisiana, Galen-Med, Inc.

Nadia de la Houssaye , Jones, Walker, Waechter, Poitevent, Carrère & Denègre, L.L.P., Lafayette, LA, for Intervenor/Appellee, Louisiana Patient's Compensation Fund.

Oliver Jackson Schrumpf , Schrumpf & Schrumpf, Sulphur, LA, for Plaintiffs/Appellants, Susan Arrington, Laura Jo Arrington, Joelle Lorene Arrington, Sharon Taylor, Charles Taylor, Jr.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JIMMIE C. PETERS, and MARC T. AMY, Judges.

AMY, Judge.

The plaintiffs in these consolidated cases question whether the trial court correctly resolved their claims regarding the constitutionality of La.R.S. 40:1299.42(B) upon remand by the Louisiana Supreme Court. See Arrington v. Galen-Med, Inc., 12-0908 (La.5/22/12), 89 So.3d 1159. For the following reasons, we affirm. We further deny the plaintiffs' motion for en banc consideration of the appeals.

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