Legal Opinion · Dissent

canal/claiborne, Limited v. Stonehedge Development, LLC

Supreme Court of Louisiana

Decided December 9, 2014No. 2014-C -0664Published

1DissentWeimer, J.

hi agree that the plaintiff’s unjust enrichment claim brought against the State of Louisiana, Department of Children and Family Services, is a quasi-contractual claim. That unjust enrichment claim, therefore, is not authorized under La. Const. art. XII, § 10(A), which the majority correctly notes waives sovereign immunity only for claims based on contract or tort. I respectfully disagree, however, with the majority that the plaintiffs claim has not been authorized under La. Const. art. XII, § 10(B), when the legislature established the Department of Children and Family Services, as “a body…

2Cases cited17 opinions

  1. Copenhaver v. John Bonura & Co.Louisiana Court of Appeal · 1925
  2. Polk v. EdwardsSupreme Court of Louisiana · 1993
  3. Chamberlain v. State, Through DOTDSupreme Court of Louisiana · 1993
  4. Duree v. Maryland Casualty CompanySupreme Court of Louisiana · 1959
  5. Caddo-Shreveport Sales & Use Tax Com'n v. OMV THROUGH DEPT. OF PUB. SAFETY AND CORRS.Supreme Court of Louisiana · 1998

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API