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119 So. 3d 890

119 So.3d 890

2012 La.App.1Cir. 1674

Willis v. Brooks

Louisiana Court of Appeal

Decided June 12, 2013

Louisiana Court of Appeal · decided 2013-06-12

Cited by 1 later decisions — most recently May 2018

1 state decisions

Relies on Cheramie Services, Inc. v. Shell Deepwater Production, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 2013-06-12

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BONIN, J.,

¶1concurs with reasons.

¶2hi concur. Mr. Willis has established that genuine issues of material fact exist such that the defendants’ conduct could be found to be unethical, fraudulent, immoral, unscrupulous, deceptive and even collusive. But he has not shown that the defendants’ conduct offends established public policy in such a commercial real estate transaction. See Cheramie Services, Inc. v. Shell Deepwater Production, Inc., 09-1633, p. 10 (La.4/23/10), 35 So.3d 1053, 1059. Because offending established public policy is an essential element of a claim under LUT-PA, the absence of factual support for that essential element is fatal to Mr. Willis’ claim. See La. C.C.P. art. 966 C(2).

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