Opinion

Allen v. State ex rel. Ernest N. Morial-New Orleans Exhibition Hall Authority

2000 La.App. 4 Cir. 1552
814 So. 2d 644
2002 La. App. LEXIS 1405
2002 WL 971670

Court: Louisiana Court of Appeal
Filed: Mar 20, 2002
Status: Published
Author: Armstrong
On the bench: Armstrong, Gorbaty, Hlove, Kirby, Love, Murray, Reasons
Cited by: 1 cases

The opinion

11 ARMSTRONG, J.,

dissenting with reasons.

I respectfully dissent. The references to a possible “temporal requirement” of the two-contract defense in our Crochet, Taylor, and Black decisions are dicta as the general contract in fact predated the subcontract in each of those cases. Also, there is no apparent reason for such a temporal requirement of the two-contract defense. 14 Malone & Johnson, Louisiana Civil Law Treatise: Worker’s Compensation Law and Practice § 364 at 192-93 (1994).

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