Bonvillian v. Dep't of Insurance, 906 So.2d 596 (La.App. Cir.1 .ppt

1、Bonvillian v. Dept of Insurance, 906 So.2d 596 (La.App. Cir.1 2005),What is the underlying dispute? Insurance Commission refused to renew a bail bond agents license What did the plaintiff do? Went to the ALJ, who overruled the agency What did the agency do? Refused to issue the license,The District

2、Court,What did plaintiff request in District Court? What did the district court do? Why could the agency appeal this? “no agency or official thereof, or other person acting on behalf of an agency or official thereof shall be entitled to judicial review under this Chapter.“ What does this prohibition

3、 apply to? What is the Department appealing?,Mandamus,Must be a specific, non-discretionary right In mandamus proceedings against a public officer involving the performance of official duty, nothing can be inquired into but the question of duty on the face of the statute and the ministerial characte

4、r of the duty he is charged to perform. The remedy is not available to command the performance of an act that contains any element of discretion, however slight. Why is mandamus so limited?,When May Mandamus be used Against the Insurance Commission?,“writ of mandamus may be sought to compel the comm

5、issioner of insurance to perform a ministerial duty as established by law, where it is alleged that the commissioner of insurance is acting fraudulently or not impartially fulfilling his duties, or where the delay involved in obtaining ordinary relief may cause injustice.“ Does issuing a license inv

6、olve discretion? How does plaintiff claim that ALJ changes this?,The Effect of Wooley,The Wooley Court further determined that “because the decision and order of the ALJ was not a valid and final judgment for purposes of res judicata, . the ALJs judgment is not entitled to res judicata effect.“ Wool

7、ey, 2004-0882 at p. 19, _ So.2d at _. We still do not know what that really means - stay tuned for the next chapter of Bonvillian.,What are the Alternative Remedies?,Specifically, the Department suggests that Bonvillian could have intervened in a certain declaratory judgment action instituted by the

8、 Department and could have requested mandatory injunctive relief. Second, the Department contends that Bonvillian could have instituted a second lawsuit requesting declaratory and injunctive relief in his favor. Why are these alternatives important?,What did the Court Rule?,In sum, Bonvillian has no

9、t met his burden of showing that a delay in obtaining ordinary relief would cause injustice sufficient to warrant the issuance of a writ of mandamus or that there were no ordinary remedies available through which he could obtain relief. As set forth in Wiginton, mandamus presumably can not lie in ca

10、ses that are doubtful. Why did plaintiff avoid these alternatives? Agency cannot contest facts in a mandamus action,Bonvillian, Round II, 2008 CA 0591,Procedure in this Case,After Bonvillian lost his mandamus proceeding, what did he file with the district court that is on appeal in this decision? Wh

11、at did the district court rule?,The Commissioners Points of Error,1. The district court erred by ordering the reinstatement of Bonvillian s license in a declaratory judgment action because the function of a declaratory judgment is only to establish the rights of the parties or express the courts opi

12、nion on a question of law. 2. The district court abused its discretion and was clearly wrong by granting summary judgment on a declaratory judgment action when it was biased by the findings of an ALJ that were contrary to the law. 3. The District Court abused its discretion by disregarding a decisio

13、n of the Louisiana Supreme Court, Wooley v State Farm Fire Cas Ins CO, in deciding that there was a case in controversy.,What Changed After Wooley I?,In this regard we also observe that La. R. S. 49.992 (B)(2) was amended by Acts 2005 No 204 to add the following significant language: “Upon the issua

14、nce of such a final decision or order the agency or any official thereof shall comply fully with the final order or decision of the administrative law judge. This language is interpretive and remedial and is to be given retroactive effect. Wooley v State Farm Fire and Cas Ins Co., 928 So 2d 618, 622

15、 (2006),What does the Court say is the Effect of this Language?,Once the ALJ s decision became a final judgment principles of res judicata preclude re litigation. But what judgments did the SC say were the only ones entitled to res judicata? Why are workers compensation tribunal decisions an excepti

16、on? What does not apply to Wooley?,The Courts Order,On our de novo review we conclude that the material facts are undisputed and that Bonvillian is entitled to judgment in his favor as a matter of law. The undisputed facts include the following: The ALJ decision and order became a final enforceable

17、judgment at the latest when the Louisiana Supreme Court did not consider writs in Bonvillian v. Department of Ins. 901 So 2d 1081 . The ALJs final enforceable judgment ordered the Department to issue the license.,What did the Supreme Court in Wooley I hold about ALJ orders?,“The ALJs make administra

18、tive law rulings that are not subject to enforcement and do not have the force of law. “ Compare to this Courts holding: The ALJs final enforceable judgment ordered the Department to issue the license. If the Legislature has transformed ALJ rulings into final enforceable judgments, were does this leave Wooley I?,