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Judge Erred in Granting Peremptory Exception

By WorkCompCentral

Monday, February 11, 2019 | 77 | 0 | 24 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...

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