No. 2006-CA-1423 Precedential Processed

Bains v. Young Men's Christian Ass'n of Greater New Orleans

Louisiana Court of Appeal, First Circuit · Filed October 3, 2007 · 969 So. 2d 646

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Opinion text

ARMSTRONG, C.J., Dissents. hi respectfully dissent. An exception of no cause of action questions whether the law extends a remedy against the defendant to anyone under the factual allegations of the petition. Badeaux v. Southwest Computer Inc., 05-0612, 05-719 (La.3/17/06), 929 So.2d 1211, 1217 . In this case, the allegations of plaintiffs complaint seek recovery solely under a theory of detrimental reliance. Present Louisiana case law finds that it is inherently unreasonable to rely on an offer of at-will employment. May v. Harris Management, 2004-2657 (La.App. 1 Cir. 12/22/05) , 928 So.2d 140 . Therefore, plaintiffs complaint fails to state a cause of action upon which she could recover against the defendant. Accordingly, I would affirm the judgment of the trial court. *653 BAGNERIS, J., Dissents for the Reasons Assigned by Chief Judge ARMSTRONG.