LA. Supreme Court denies writ of the State of Louisiana on Class Action to recover unconstitutional fines imposed by State Police.

Bankston & Associates, representing a class of over 800 towing and storage facilities, successfully challenged the operations of State Police in imposing fines on those who conduct towing and storage businesses in Louisiana. After successfully obtaining a determination from the First Circuit Court of Appeal that the Schedule of Fines utilized by State Police was unconstitutional due to an unconstitutional delegation of legislative authority, the case was converted to a class action to recover the illegally collected fines.  The class action award with interest is $1 million On October 4, 2022, the Louisiana Supreme Court denied the state’s writ, thereby confirming the state’s obligation to refund the illegally issued fines.

To view the initial Louisiana First Circuit Court of Appeal ruling, visit: http://www.la-fcca.org/opiniongrid/opinionpdf/2018%20CA%200056%20Decision%20Appeal.pdf

To view the class action decision of the Louisiana First Circuit Court of Appeal ruling, visit: https://www.la-fcca.org/opiniongrid/opinionpdf/2021%20CW%200680%20Decision%20Writ.pdf

ATTENTION TOWING AND STORAGE INDUSTRY Important Notice About a Class Action Lawsuit

On November 7, 2018, Bankston & Associates obtained a judgment from the Louisiana Court of Appeal, First Circuit, holding the Schedule of Fines, LAC 55:I.1907(A), used by State Police, to be unconstitutional. If you paid a fine imposed by the State of Louisiana, Department of Public Safety and Corrections, Office of State of Police for an alleged towing, recovery, or storage violation between October 9, 2009 and August 1, 2019, a class action lawsuit may affect your rights, and you may be entitled to a refund.

What is this case about? The plaintiffs in this suit are claiming they are entitled to the return of any fines and/or assessments imposed by the State of Louisiana, Department of Public Safety and Corrections, Office of State Police, pursuant to the Schedule of Fines, LAC 55:I.1907(A). A Court has ruled that these fines were invalid due to an unconstitutional delegation of legislative authority to the Office of State Police. Particularly, the Office of State Police had no legal authority to issue or collect these fines. The purpose of this lawsuit is to recover any amounts paid pursuant to the Schedule of Fines, LAC 55:I.1907(A).

Who represents the class? The Court has appointed Bankston & Associates, LLC to represent the Class members as “Class Counsel.” You will not have to pay Class Counsel.

For more information contact Jenna Linn-Rice at jlinn@bblawyers.net or by phone at 225-766-3800.

Bankston & Associates successfully obtains public records from LSU in addition to an award of more than $26,000 in attorneys’ fees

Bankston & Associates successfully obtains public records from LSU in addition to an award of more than $26,000 in attorneys’ fees.  Krielow v. Louisiana State Univ. Bd. of Supervisors, 2019-0176 (La. App. 1 Cir. 11/15/19)

In November, 2019, the First Circuit Court of Appeal affirmed judgment in favor of records requestor and against Louisiana State University. Records requestor filed petition for writ of mandamus against LSU, seeking to compel production of documents pursuant to Public Records Law. The District Court granted the petition and granted requestor's motion for attorneys’ fees. LSU appealed.  

On appeal, the First Circuit held LSU failed to establish that production of documents relating to transfer of scientific research to a third party was unduly burdensome or expensive, and therefore records requestor was entitled to these documents under the Public Records Law; university's counsel did not review unredacted documents before sending them to third party for redaction, and by declining to do so, university failed its duty to determine whether information in the documents was proprietary or trade-secret related.  

Ultimately, the First Circuit Court of Appeal rendered judgment in favor of records requestor, holding that LSU failed to establish the production was unduly burdensome or expensive; requestor was entitled to attorney fees; and evidence supported attorney fees award of more than $26,000.00.  

First Circuit Court of Appeal Overturns State Police Fine Schedule

Bankston & Associates, representing a towing and storage facility, successfully challenged the operations of State Police in imposing fines on those who conduct towing and storage businesses in Louisiana. In a unanimous decision, the First Circuit Court of Appeal determined the Schedule of Fines utilized by State Police and set forth in Louisiana Administrative Code 55:I.1907(A)(4) to be invalid due to an unconstitutional delegation of legislative authority to the Office of State Police. The First Circuit Court of Appeal enjoined State Police from further enforcement of the fines.

To view the Louisiana First Circuit Court of Appeal ruling, visit: http://www.la-fcca.org/opiniongrid/opinionpdf/2018%20CA%200056%20Decision%20Appeal.pdf

LA Supreme Court Strikes Down Statutes as an Illegal Legislative Delegation

Bankston & Associates, representing a group of rice farmer challenged the operations of the Louisiana Rice Research and Promotion Boards.  In a unanimous decision the Supreme Court struck down sections of the law, holding that the legislature illegally delegated authority to the Boards.

To view the Louisiana Supreme Court ruling, visit http://www.lasc.org/opinions/2013/13CA1106cw13CA1448.opn.pdf