# Fishbein v. State ex rel. Louisiana State University Health Sciences Center

> Supreme Court of Louisiana · April 12, 2005 · 898 So. 2d 1260

URL: https://www.frixlaw.com/law-library/cases/7774676

## Case

- **Full name:** Dr. Judith FISHBEIN, M.D. v. STATE of Louisiana through LOUISIANA STATE UNIVERSITY HEALTH SCIENCES CENTER and Teachers' Retirement System of Louisiana
- **Court:** Supreme Court of Louisiana
- **Decided:** April 12, 2005
- **Citations:** 898 So. 2d 1260; 2005 La. LEXIS 940; 2005 WL 832400
- **Precedential status:** Published
- **Opinion:** Concurrence by Tvictory
- **Judges:** Kimball, Reasons, Tvictory, Victory
- **Cited by:** 57 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7774676

## How later opinions describe it (automated extraction)

- holding the liberative prescription of three years for action to recover compensation for services rendered applied to physician’s claims that her supplemental salary she earned was part of her average eamable compensation upon which her retirement benefits were calculated; th…

## Opinion text

| TVICTORY, J.,
concurring.
I agree with the majority’s holding in this case, but write separately because I disagree with the majority’s complete and total repudiation, although in dicta, of the doctrine of laches. While recognizing that this equitable doctrine does not prevail in Louisiana, this Court has applied, and should continue to apply, this doctrine if “rare and extraordinary circumstances” so merit. See T.D. v. M.M.M., 98-0167 (La.3/2/99), 730 So.2d 873 ; Ponds v. Treen, 407 So.2d 671 (La.1981) (“a recall petition is deemed abandoned by laches when the recall petitioners do not actively pursue their remedy ... ”); McCraine v. Hondo Boats, Inc., 399 So.2d 163 (La.1981) (“federal substantive admiralty or maritime law(including the doctrine of laches) applies if the claim is one in admiralty”); Louisiana State Bar Ass’n v. Edwards, 387 So.2d 1137 (La.1980) (“The doctrine of laches cannot be invoked to prevent disciplinary action unless the respondent has been prejudiced in his defense by the delay”); Barnett v. Develle, 289 So.2d 129 (La.1974); New Orleans Firefighters Ass’n Local 632 v. City of New Orleans, 263 La. 649 , 269 So.2d 194 (1972) (laches is an affirmative defense which must be specially pleaded); Ziemer v. City of New Orleans, 195 La. 1054 , 197 So. 754 (La.1940) (an unreasonable delay by aggrieved public employees in asserting monetary claims against a public body may relieve that 12body of liability under the doctrine of laches).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7774676. Public record. Not legal advice.