DOE v. UNIVERSITY HEALTHCARE SYSTEMS

Nos. 2013-CA-1457, 2013-CA-1458, 2013-CA-1459, 2013-CA-1460, 2013-CA-1461, 2013-CA-1462, 2013-CA-1463, 2013-CA-1464, 2013-CA-1465, 2013-CA-1466.

145 So.3d 557 (2014)

John DOE and Jane Doe v. UNIVERSITY HEALTHCARE SYSTEMS, L.L.C., d/b/a Tulane University Medical Center and Clinic and Indemnity Clinic. Jane Doe, Anne Doe and Mary Doe, individually and on behalf of all others similarly situated v. University Healthcare System, L.L.C. d/b/a Tulane University Medical Center and Clinic. Elaine Doe v. University Healthcare System, L.L.C. d/b/a Tulane University Medical Center and Indemnity Clinic. Robert Doe and Betty Doe v. University Healthcare System, L.L.C. d/b/a Tulane University Hospital and Clinic and Tulane Medical Center and Healthcare Indemnity, Inc. John Smith v. University Healthcare System, L.L.C. d/b/a Tulane University Hospital and Clinic and Healthcare Indemnity, Inc. Jane Doe v. University Healthcare System, L.L.C. d/b/a Tulane University Hospital and Clinic and Healthcare Indemnity, Inc. Jane Doe, individually and on behalf of all others similarly situated v. University Healthcare System, L.L.C. d/b/a Tulane University Medical Center and Clinic and Healthcare Indemnity, Inc. Anthony Jones, Jr. v. University Healthcare System, L.L.C. d/b/a Tulane University Medical Center and Clinic and Indemnity Clinic. Carol Domio, individually and on behalf of the estate of her husband, Clifford Domio v. University Healthcare System, L.L.C., d/b/a Tulane University Medical Center and Clinic, and Indemnity Clinic. Dianne R. Stewart, individually and on behalf of the Estate of Norman Stewart v. University Healthcare System, L.L.C. d/b/a Tulane University Medical Center and Clinic, and Indemnity Clinic.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied July 28, 2014.


Attorney(s) appearing for the Case

Ron A. Austin , Austin & Associates, L.L.C., Harvey, LA, Joseph M. Bruno , Bruno & Bruno, Kara Hadican Samuels , Sangisetty & Samuels, LLC, Anthony D. Irpino , Irpino Law Firm, New Orleans, LA, for Plaintiffs/Appellants.

Byron D. Kitchens , Charles H. Abbott , Ryan C. Wallis , Cotton Schmidt & Abbott, L.L.P., New Orleans, LA, Lee M. Hollis (Pro Hac Vice), M. Christian King (Pro Hac Vice), Lightfoot, Franklin & White, LLC, Birmingham, AL, for General Electric.

Peter E. Sperling , Nairda T. Colon , James P. Waldron , Frilot L.L.C., New Orleans, LA, for University Healthcare System, L.C. d/b/a Tulane University Hospital and Clinic.

(Court composed of Judge MAX N. TOBIAS, JR., Judge ROLAND L. BELSOME, Judge ROSEMARY LEDET).


MAX N. TOBIAS, JR., Judge.

In this consolidated action, the plaintiffs1 appeal the judgment of the trial court rendered in favor of the defendants, University Healthcare System, LC. d/b/a Tulane University Hospital and Clinic ("Tulane") and General Electric Company ("GE"), denying the plaintiffs' motion for class certification on the ground that the plaintiffs failed to carry their burden of proving that class certification, under La....

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