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...
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