Bianchini v. State, Department of Transportation & Development
This text of 955 So. 2d 1266 (Bianchini v. State, Department of Transportation & Development) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
additionally concurs and assigns reasons.
Ill concur in the court’s action remanding this matter to the trial court for reconsideration of its ruling in light of Palacios v. Louisiana and Delta Railroad Inc., 98-2932 (La.7/2/99), 740 So.2d 95. However, I write additionally to point out that, as we made clear in Palacios, not all documents and information in the state’s possession will always be privileged under 23 U.S.C. Sect. 409. 98-2392, pp. 12-13 (La.7/2/99), 740 So.2d 95, 102. In Palacios, we concluded “only that records amassed pursuant to the federal safety evaluation programs described in 23 U.S.C. Sections 130, 144 or 152, or for the purpose of developing other highway safety improvement projects which may be federally funded, are protected. The plaintiff is at liberty to investigate, examine and present other relevant evidence, so long as such evidence was not compiled or collected for purposes of federal highway improvement programs.” Id. at 13, 740 So.2d at 102.
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955 So. 2d 1266, 2007 La. LEXIS 1173, 2007 WL 1452657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bianchini-v-state-department-of-transportation-development-la-2007.