holding that Louisiana courts of appeals are not bound by opinion of Louisiana Supreme Court not joined by a majority of the justices
How later courts described this case
- holding that Louisiana courts of appeals are not bound by opinion of Louisiana Supreme Court not joined by a majority of the justices
- holding that actions of employees did not fall within ambit of LUTPA
- “[0]nly egregious actions involving elements of fraud, misrepresentation, deception, or other unethical conduct will be sanctioned based on LUTPA.”
- “[O]nly egregious actions involving elements of fraud, misrepresentation, deception, or other unethical conduct will be sanctioned based on LUTPA.”
Written by the judges who cited it.
The opinion
GUIDRY, Justice,
concurs in the result and assigns reasons.
hi concur in the majority’s finding that Shell Deepwater Production, Inc. was entitled to summary judgment because plaintiffs failed to produce evidence of a material factual dispute regarding Shell’s alleged use of an “unfair or deceptive method, act or practice” in its dealings with plaintiffs. Given this result, which disposes of the controversy before us, the majority’s discussion of standing to bring an action for damages pursuant to the Louisiana Unfair Trade Practices and Consumer Protection Law, La. Rev.Stat. 51:1401 et seq., is dicta.