Encalarde v. New Orleans Center for Creative Arts/Riverfront
Also decided on this docket: La., March 27, 2015 161 So. 3d 651
Encalarde v. New Orleans Center for Creative Arts/Riverfront, 158 So. 3d 826 (La. 2015).
Cited by
- Eva Broussard v. Christus Health Southwestern Louisiana La. Ct. App. 3d Cir. 2025
- Joseph Porto v. TBC Grand Bayou, LLC La. Ct. App. 1st Cir. 2020
- McMasters v. Department of Police 172 So. 3d 105 La. Ct. App. 1st Cir. 2015
Authorities cited
Identified automatically; this list may not be exhaustive.
- Accardo v. LOUISIANA HEALTH SERV. & INDEM. 943 So. 2d 381
- Hale v. Touro Infirmary 886 So. 2d 1210
- Hale v. Touro Infirmary 896 So. 2d 1036
Opinion text
In re State of Louisiana through the New Orleans Center for Creative Arts;— Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. A, No. 2009-01902; to the Court of Appeal, Fourth Circuit, No. 2014-C-0925. Granted. In order to bring an action under La. R.S. 23:967, the employee must establish the employer engaged in workplace conduct constituting an actual violation of state law. See Accardo v. Louisiana Health Services and Indemnity Company, 05-2377 (La.App. 1 Cir. 6/21/06) , 943 So.2d 381 ; Hale v. Touro Infirmary, 04-0003 (La.App. 4 Cir.11/3/04), 886 So.2d 1210 , writ denied, *827 05-0103 (La.3/24/05), 896 So.2d 1036 . Plaintiff has failed to present any evidence indicating relator engaged in any conduct which would constitute a “violation of state law” for purposes of La. R.S. 23:967(A)(1). Accordingly, the judgment of the district court is reversed, and summary judgment is granted in relator’s favor. JOHNSON, C.J., and HUGHES, J., would deny.