Terms Used In Louisiana Revised Statutes 40:1170.4

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Docket: A log containing brief entries of court proceedings.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts

            A. Whenever an individual believes that a covered entity has violated or is violating any provision of La. Rev. Stat. 40:1170.3, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with this Subpart. The action may be brought in the district court for the parish where the affected individual resides or resided or was denied the organ transplant or referral.

            B. In an action brought under this Section, the court shall give the action priority on its docket and expedited review, and may grant injunctive or other equitable relief including by any of the following means:

            (1) Requiring auxiliary aids or services to be made available for a qualified recipient.

            (2) Requiring the modification of a policy, practice, or procedure of a covered entity.

            (3) Requiring that facilities be made readily accessible to and usable by a qualified recipient.

            C. Nothing in this Section is intended to limit or replace available remedies under the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.), or any other applicable law.

            D. This Section shall not be construed as creating a right to compensatory or punitive damages against a covered entity.

            Acts 2019, No. 57, §3, eff. May 30, 2019.

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