Legal Opinion · Dissent

Harp v. Autrey

Louisiana Court of Appeal

Decided August 21, 2013No. 47,749-CAPublished

1DissentWilliams, J.

hBecause the trial court was not manifestly erroneous in concluding that defendants violated LUTPA, I respectfully dissent. Moreover, I would modify the trial court’s judgment to increase the award of damages to $20,000 and the amount of attorney’s fees to $10,887.50.

LSA-R.S. 51:1405(A) grants a right of action to any person who suffers any ascertainable loss for a violation of the statute. Cheramie Services, Inc. v. Shell Deepwater Production, Inc., 2009-1633 (La.4/23/10), 35 So.3d 1053. Acts which constitute unfair or deceptive practices are not specifically defined, but are determined on a…

2Cases cited9 opinions

  1. Youn v. Maritime Overseas Corp.Supreme Court of Louisiana · 1993
  2. Wainwright v. FontenotSupreme Court of Louisiana · 2000
  3. Cheramie Services, Inc. v. Shell Deepwater Production, Inc.Supreme Court of Louisiana · 2010
  4. State v. FinleySupreme Court of Louisiana · 1976
  5. A & W Sheet Metal, Inc. v. Berg Mechanical, Inc.Louisiana Court of Appeal · 1995

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