Marks v. Third District Volunteer Fire Department

hi respectfully disagree with the majority and would reverse the judgment of the trial court that sustained the Third District Volunteer Fire Department’s peremptory exceptions of no cause of action and no right of action.

Mr. Marks filed suit alleging that the Third District Volunteer Fire Department (“Third District”) illegally terminated his employment because it failed to comply with La. R.S. 33:2181. The Third District filed exceptions of no cause of action and no right of action claiming that Mr. Marks was not a “fire employee” for purposes of La. R.S. 33:2181 and, therefore, was not…