§5104. Venue
A. All suits filed against the state of Louisiana or any state agency or against an officer or employee of the state or state agency for conduct arising out of the discharge of his official duties or within the course and scope of his employment shall be instituted before the district court of the judicial district in which the state capitol is located or in the district court having jurisdiction in the parish in which the cause of action arises.
B. All suits filed against a political subdivision of the state or against an officer or employee of a political subdivision for conduct arising out of the discharge of his official duties or within the course and scope of his employment shall be instituted before the district court of the judicial district in which the political subdivision is located or in the district court having jurisdiction in the parish in which the cause of action arises.
C. All suits filed against a coroner shall be instituted before the district court of the judicial district in which the coroner is elected.
D. All suits against the faculty or staff of the Louisiana State University Board of Supervisors, the Louisiana State Medical School, or the Louisiana State Health Sciences Center alleging administrative or supervisory negligence and arising out of the discharge of the duties of the faculty member or staff created pursuant to R.S. 17:1519 through 1519.8 shall be brought only in the parish where the medical care was actually provided to the patient.
Acts 1975, No. 434, §1; Acts 1985, No. 306, §1; Acts 1991, No. 622, §1; Acts 1991, No. 660, §1; Acts 1996, 1st Ex. Sess., No. 63, §1, eff. May 9, 1996; Acts 1999, No. 640, §1, eff. July 1, 1999; Acts 2000, 1st Ex. Sess., No. 127, §1, eff. April 19, 2000; Acts 2009, No. 13, §1.
Notes of Decisions
Black v. St. Tammany Par. Hosp., 25 So. 3d 711 (La. 2009).
· cites it 64× “§ 46:1063 super-cedes the general venue provisions for political subdivisions set forth in La.Rev.Stat. § 13:5104. To answer this question, we must examine the relevant provisions with guidance from the rules of venue as well as statutory construction.”
Yell v. Sumich, 997 So. 2d 69 (La. Ct. App. 2008).
· cites it 19× “13:5104(B) since that statutory provision applies only to a political subdivision. No Defendant in the instant action is a political subdivision which would trigger the venue provisions asserted by the Plaintiffs under paragraph (B) of La.”
LeBlanc v. Thomas, 23 So. 3d 241 (La. 2009).
· cites it 13× “1 _JjWe granted this writ application to address the proper venue and the application of LSA-R.S. 13:5104 in a suit where a state agency is no longer a party to the lawsuit.”
Revolta v. Reg'l Transit Auth., 607 So. 2d 963 (La. Ct. App. 1992).
· cites it 15× “This writ poses an interesting and unique question of statutory interpretation of LSA-R.S. 13:5104(B) and LSA-R.S. 48:1654(A).”
Wharton v. Ridgell, 922 So. 2d 461 (La. 2006).
· cites it 15× “In his exception of improper venue, the Franklin Parish physician argued that proper venue for a suit against him would be Franklin Parish, where the cause of action arose.”
McKenzie v. Imperial Fire & Cas. Ins. Co., 122 So. 3d 42 (La. Ct. App. 2013).
· cites it 5× “R.S. 13:5104, which the trial judge in the CDC suit sustained, and the case was then transferred to Jefferson Parish, where it remained pending.”
URBAN MGT. CORP. v. Shreveport Airport Auth., 602 So. 2d 1055 (La. Ct. App. 1992).
· cites it 11× “Turning to the merits of the appeal, defendants argue that venue in this matter is controlled by LSA-R.S. 13:5104 B which, prior to a 1991 amendment not applicable here, provided: B.”
Juneau v. State, 956 So. 2d 728 (La. Ct. App. 2007).
· cites it 10× “R.S. 13:5104(A). We apply the discretionary law of the case doctrine and refuse to rehear this argument.”
Shannon v. Vannoy, 251 So. 3d 442 (La. Ct. App. 2018).
· cites it 2× “R.S. 13:5104 ; Foster v. Louisiana Dep't of Pub.”
La. Rev. Stat. § 13:5104(13): 1 case
La. Rev. Stat. § 13:5104(33): 1 case
La. Rev. Stat. § 13:5104(8): 1 case
La. Rev. Stat. § 13:5104(A): 42 cases
Yell v. Sumich, 997 So. 2d 69 (La. Ct. App. 2008).
“13:5104(B) since that statutory provision applies only to a political subdivision. No Defendant in the instant action is a political subdivision which would trigger the venue provisions asserted by the Plaintiffs under paragraph (B) of La.”
Juneau v. State, 956 So. 2d 728 (La. Ct. App. 2007).
“R.S. 13:5104(A). We apply the discretionary law of the case doctrine and refuse to rehear this argument.”
LeBlanc v. Thomas, 23 So. 3d 241 (La. 2009).
“1 _JjWe granted this writ application to address the proper venue and the application of LSA-R.S. 13:5104 in a suit where a state agency is no longer a party to the lawsuit.”
McKenzie v. Imperial Fire & Cas. Ins. Co., 122 So. 3d 42 (La. Ct. App. 2013).
“R.S. 13:5104, which the trial judge in the CDC suit sustained, and the case was then transferred to Jefferson Parish, where it remained pending.”
La. Rev. Stat. § 13:5104(B): 55 cases
Black v. St. Tammany Par. Hosp., 25 So. 3d 711 (La. 2009).
“§ 46:1063 super-cedes the general venue provisions for political subdivisions set forth in La.Rev.Stat. § 13:5104. To answer this question, we must examine the relevant provisions with guidance from the rules of venue as well as statutory construction.”
Revolta v. Reg'l Transit Auth., 607 So. 2d 963 (La. Ct. App. 1992).
“This writ poses an interesting and unique question of statutory interpretation of LSA-R.S. 13:5104(B) and LSA-R.S. 48:1654(A).”
Wharton v. Ridgell, 922 So. 2d 461 (La. 2006).
“In his exception of improper venue, the Franklin Parish physician argued that proper venue for a suit against him would be Franklin Parish, where the cause of action arose.”
Yell v. Sumich, 997 So. 2d 69 (La. Ct. App. 2008).
“13:5104(B) since that statutory provision applies only to a political subdivision. No Defendant in the instant action is a political subdivision which would trigger the venue provisions asserted by the Plaintiffs under paragraph (B) of La.”
La. Rev. Stat. § 13:5104(C): 1 case
La. Rev. Stat. § 13:5104(D): 1 case
La. Rev. Stat. § 13:5104(a): 1 case
La. Rev. Stat. § 13:5104(b): 1 case
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