ELISABETH LASSITER BAINS Vs. THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER NEW ORLEANS, LOUISIANA

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ELISABETH LASSITER BAINS * NO. 2006-CA-1423 VERSUS * COURT OF APPEAL THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER NEW ORLEANS, LOUISIANA * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* ARMSTRONG, C. J., DISSENTS. I 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 plaintiff’s 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. 12/11/05), 928 So.2d 140. Therefore, plaintiff’s 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.

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