Notice: Passwords are now case-sensitive

Remember Me
Register a new account
Forgot your password?

Judge Erred in Granting Peremptory Exception

By WorkCompCentral

Monday, February 11, 2019 | 369 | 0 | 21 min read

A Louisiana appellate court revived an injured police officer’s claim that he had been short-changed on his benefits, finding a trial judge could not request additional evidence before granting a peremptory exception of no cause of action. A peremptory exception of no cause of action is an affirmative defense asserting that a plaintiff has failed to state a viable claim. The Court of Appeal for the 4th Circuit of Louisiana said that the only inquiry for a judge presented with such an exception is whether “the law affords the plaintiff a remedy,” not whether he should be gra...

Purchase this story for only $7.99!Add to Cart

For access to all of our articles, check out our subscription options.


Related Articles