Coleman v. Querbes Co. No. 1

GENOVESE, Justice,

would grant in part and deny in part, and assigns the following reasons:

lil would grant Plaintiffs’ writ application in part. The Second Circuit did not apply the correct standard of review to the exceptions of no cause of action. This Court has explained:

The peremptory exception of no cause of action is designed to test the legal sufficiency of a petition by determining whether a party is afforded a remedy in law based on the facts alleged in the pleading. All well-pleaded allegations of fact are accepted as true and correct, and all doubts are resolved in favor of…