Opinion

Collins v. State ex rel. Department of Natural Resources

  • 2012 La.App. 1 Cir. 1031
  • 118 So. 3d 43
  • 2013 La. App. LEXIS 1072
  • 2013 WL 2363126
Court
Louisiana Court of Appeal
Filed
May 30, 2013
Status
Published
Author
Kuhn
On the bench
Kuhn, McDonald, Pettigrew
Cited by
13 cases

“To require a plaintiff to know specifically what law is being violated would seem to render the ‘good faith’ and ‘reasonably believe’ portions of the law superfluous.”

How later courts described this case

  • “To require a plaintiff to know specifically what law is being violated would seem to render the ‘good faith’ and ‘reasonably believe’ portions of the law superfluous.”

Written by the judges who cited it.

The opinion

KUHN, J.,

concurring.

hi agree that because defendants have asserted a peremptory exception raising the objection of no cause of action, we are bound to review the allegations of the petition in the light most favorable to plaintiffs and, therefore, their barebones claim of a *53 public employee capacity must be accepted as true. Nevertheless, in their appellate brief, plaintiffs have conceded that their claims arise out of a contractual relationship rather than that of employer-employee. Thus, I believe that plaintiffs will be unable to recover any relief against defendants. Accordingly, I must concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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