# Doe v. ABC Corp.

> Louisiana Court of Appeal · January 24, 2007 · 951 So. 2d 452

URL: https://www.frixlaw.com/law-library/cases/7787543

## Case

- **Full name:** Joe DOE, Mary Doe and Oscar C. Russell, Jr. v. ABC CORPORATION, DEF Corporation, XYZ Corporation, and Hibernia Corporation Charles J. Shaw, Jr. v. Hibernia National Bank and Hibernia Corporation John Doe, Mary Doe and Oscar C. Russell, Jr. v. ABC Corporation, DEF Corporation, XYZ Corporation, and Hibernia Corporation
- **Court:** Louisiana Court of Appeal
- **Decided:** January 24, 2007
- **Citations:** 951 So. 2d 452; 2007 WL 315106
- **Precedential status:** Published
- **Opinion:** Concurrence by Cannizzaro
- **Judges:** Belsome, Cannizzaro, III, Kirby, McKay, Murray
- **Cited by:** 1 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/7787543

## Opinion text

CANNIZZARO, J.,
concurs with reasons.
hi concur in the result reached by the majority, but write separately to address an issue which I believe is worthy of consideration.
Mr. Russell’s lawsuit arises from an employment contract with both Hibernia Corporation and Hibernia Bank. Under the terms of that contract, both Hibernia Bank and Hibernia Corporation are solidary ob-ligors. Louisiana Civil Code Article 1801 places limitations on the defenses that can be raised by solidary obligors. It provides:
A solidary obligor may raise against the obligee defenses that arise from the nature of the obligation, or that are personal to him, or that are common to all the solidary obligors. He may not raise a defense that is personal to another solidary obligor. [Emphasis supplied.]
It is undisputed that the OCC had regulatory control only over Hibernia Bank not Hibernia Corporation at the time of the alleged breach of Mr. Russell’s contract. Hibernia Corporation’s defense in this matter-the final agency action by the OCC-is a defense personal only to Hibernia Bank. Thus, La. C.C. art. 1801 prohibits Hibernia Corporation from raising it as a defense.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7787543. Public record. Not legal advice.