Opinion
2024 CW 0075
05-13-2024
JEFFREY H. TUCKER v. EXXON MOBIL CORPORATION D/B/A EXXONMOBIL CHEMICAL COMPANY
In Re: Exxon Mobil Corporation d/b/a ExxonMobil Chemical Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 627676.
BEFORE: GUIDRY, C.J., CHUTZ AND LANIER, JJ.
WRIT GRANTED WITH ORDER.
The portion of the district court's September 26, 2023 judgment denying the exception of no cause of action filed by defendant, Exxon Mobil Corporation d/b/ a ExxonMobil Chemical Company, is reversed. The plaintiff, Jeffrey H. Tucker, failed to plead he is owed wages under a term of employment. La. R.S. 23:631; Bennett v. McDermott International, Incorporated, 855 Fed.Appx. 932, 938-39 (5th Cir. 2021) . The exception of no cause of action is granted, and the plaintiff's claims pursuant to La. R. S. 23: 631 are dismissed. However, when the grounds of the objection may be removed by amendment of the petition, the judgment sustaining the exception shall order such amendment within a delay allowed by the court. La. Code Civ. P. art. 934. Therefore, we remand this matter to the district court with instructions that the plaintiff be allowed to amend his petition to state a cause of action against the defendant, Exxon Mobil Corporation d/b/a ExxonMobil Chemical Company, if he can, within a reasonable time set by the district court.
JMG
WRC
WIL