Scribd Logo
Upload

Welcome to Scribd!

  • 10K views

    Hayes, Et Al V University Health Shreveport, LLC DBA Ochsner LSU Health Shreveport, LLC Etc., 54-445-Cw, 10-28-2021, 2nd Cir Ct. App. LA

    Uploaded by

    Jim Hoft
    Hayes, Et Al v University Health Shreveport, LLC DBA Ochsner LSU Health Shreveport, LLC Etc., 54-445-Cw, 10-28-2021, 2nd Cir Ct. App. LA

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content

    You might also like

    Hayes, Et Al V University Health Shreveport, LLC DBA Ochsner LSU Health Shreveport, LLC Etc., 54-445-Cw, 10-28-2021, 2nd Cir Ct. App. LA

    Uploaded by

    Jim Hoft
    10K views3 pages
    Hayes, Et Al v University Health Shreveport, LLC DBA Ochsner LSU Health Shreveport, LLC Etc., 54-445-Cw, 10-28-2021, 2nd Cir Ct. App. LA

    Original Title

    Hayes, Et Al v University Health Shreveport, LLC DBA Ochsner LSU Health Shreveport, LLC Etc., 54-445-Cw, 10-28-2021, 2nd Cir Ct. App. LA

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Hayes, Et Al v University Health Shreveport, LLC DBA Ochsner LSU Health Shreveport, LLC Etc., 54-445-Cw, 10-28-2021, 2nd Cir Ct. App. LA

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    10K views3 pages

    Hayes, Et Al V University Health Shreveport, LLC DBA Ochsner LSU Health Shreveport, LLC Etc., 54-445-Cw, 10-28-2021, 2nd Cir Ct. App. LA

    Uploaded by

    Jim Hoft
    Hayes, Et Al v University Health Shreveport, LLC DBA Ochsner LSU Health Shreveport, LLC Etc., 54-445-Cw, 10-28-2021, 2nd Cir Ct. App. LA

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 3

    DocuSign Envelope ID: 8FE8F7AB-E58B-417D-AF1B-4D21AEF413EF

    STATE OF LOUISIANA
    COURT OF APPEAL, SECOND CIRCUIT
    430 Fannin Street
    Shreveport, LA 71101
    (318) 227-3700

    No. 54,445-CW

    JASON HAYES, ET AL
    VERSUS
    UNIVERSITY HEALTH SHREVEPORT, LLC D/B/A OCHSNER
    LSU HEALTH SHREVEPORT AND OCHSNER LSU HEALTH
    SHREVEPORT - ST. MARY MEDICAL CENTER, LLC

    FILED: 10/26/21 RECEIVED: EMAIL 10/25/21

    On application of Jason Hayes; Christy Beckwith, RN; Jordon Bogan, RN; William
    Booth, RN; Rosa Booth, Wilbert Brown; Gloria Brown; Shawn Chellette, RN; Sarah
    Craig, Surgical Tech; Anita Davis, RN; Sheri Detiveaux, Certified Surgical Tech;
    Kimberly Erario, RN; Cadie Franks, RN; Chad Hardcastle, RN; Kimberly Hattaway;
    Nicoleta Hayes; John Jones; Melissa Langley, RN; Lauren Laurent, RN; Christy Lincoln,
    RRT/CRT; Brian Martin, MD; Heather Miller; Angela Nixon, RN; Angela Pickard, LPN;
    Martha “Elizabeth” Golightly Quinley, Surgical Tech; Daphne Roberts, Surgical Tech;
    Sonya Robinette, RN; Brittany Rogers, RN; Kayla Savant, RN; Jackalin Schaffner, RN;
    Lisbeth Schochler, RN; Virginia Shamsie, RN; Milton Southall; Stephanie Statham, Cert.
    Child Life Specialist; Monika Thompson, NP; Michael Thornton, RN; Melissa Volz, RN;
    Susan Walker, RN; and Mike Wiggins for SUPERVISORY WRIT in No. 633,022 on the
    docket of the First Judicial District, Parish of CADDO, Judge Craig O. Marcotte.

    FAIRCLOTH MELTON SOBEL & BASH Counsel for:


    Jimmy R. Faircloth, Jr. Jason Hayes; Christy Beckwith, RN;
    Mary Katherine Price Jordon Bogan, RN; William Booth, RN;
    Richard F. Norem, III Rosa Booth, Wilbert Brown; Gloria Brown;
    -and- Shawn Chellette, RN; Sarah Craig, Surgical
    BRYSON LAW FIRM Tech; Anita Davis, RN; Sheri Detiveaux,
    Angela S. Bryson Certified Surgical Tech; Kimberly Erario,
    Cary B. Bryson RN; Cadie Franks, RN; Chad Hardcastle,
    -and- RN; Kimberly Hattaway; Nicoleta Hayes;
    OFFICE OF G. SHELLY MATURIN, II John Jones; Melissa Langley, RN; Lauren
    G. Shelly Maturin, II Laurent, RN; Christy Lincoln, RRT/CRT;
    Brian Martin, MD; Heather Miller; Angela
    Nixon, RN; Angela Pickard, LPN; Martha
    “Elizabeth” Golightly Quinley, Surgical
    Tech; Daphne Roberts, Surgical Tech; Sonya
    Robinette, RN; Brittany Rogers, RN; Kayla
    Savant, RN; Jackalin Schaffner, RN; Lisbeth
    Schochler, RN; Virginia Shamsie, RN;
    Milton Southall; Stephanie Statham, Cert.
    Child Life Specialist; Monika Thompson,
    NP; Michael Thornton, RN; Melissa Volz,
    RN; Susan Walker, RN; and Mike Wiggins
    DocuSign Envelope ID: 8FE8F7AB-E58B-417D-AF1B-4D21AEF413EF

    PETTIETTE ARMAND DUNKELMAN Counsel for:


    Lawrence W. Pettiette, Jr. University Health Shreveport, LLC
    Christopher Graydon Forester d/b/a Ochsner LSU Health Shreveport
    -and- and Ochsner LSU Health Shreveport –
    GIBSON LAW PARTNERS St. Mary Medical Center, LLC
    James Huey Gibson
    Stacy Nicole Kennedy
    Alan W. Stewart
    Anna M. Grand

    Before PITMAN, GARRETT, and THOMPSON, JJ.

    WRIT GRANTED; RULINGS REVERSED; REMANDED WITH


    INSTRUCTIONS.

    Applicants, Jason Hayes, et al, seek expedited supervisory review of the trial
    court’s October 12, 2021, denial of their request for temporary restraining order and
    October 20, 2021, sustaining of defendants’ exception of no cause of action and dismissal
    with prejudice of their Petition for Temporary Restraining Order, Preliminary and
    Permanent Injunctions and Declaratory Judgment.

    The peremptory exception of no cause of action tests the legal sufficiency of the
    petition by determining whether the law affords a remedy on the facts alleged in the
    petition. Jefferson v. State Farm Mut. Auto. Ins. Co., 53,849 (La. App. 2 Cir. 5/26/21),
    321 So. 3d 520, 523, writ denied, 21-00886 (La. 10/12/21); Gipson v. Fortune, 45,021
    (La. App. 2 Cir. 1/27/10), 30 So. 3d 1076, writ denied, 10-0432 (La. 4/30/10), 34 So. 3d
    298. The burden of showing that the plaintiff has stated no cause of action is upon the
    exceptor. City of New Orleans v. Board of Directors of La. State Museum, 98-1170 (La.
    3/2/99), 739 So. 2d 748; In re Succession of Carroll, 46,327 (La. App. 2 Cir. 7/20/11), 72
    So. 3d 384, writ not cons., 11-1844 (La. 11/4/11), 75 So. 3d 912.

    The exception is triable on the face of the petition, and each well-pled fact must be
    accepted as true. There is no requirement that the court accept as true any conclusions of
    law alleged in the petition. Dejoie v. Medley, 41,333 (La. App. 2 Cir. 12/20/06), 945 So.
    2d 968. In determining whether the law affords any remedy, all reasonable inferences are
    made in favor of the nonmoving party. City of New Orleans v. Board of Directors of La.
    State Museum, supra. Generally, an exception of no cause of action must be overruled
    unless the allegations in the petition exclude every reasonable hypothesis other than the
    premise on which the defense is based, i.e., unless the plaintiff has no cause of action
    under any evidence admissible under the pleadings. Steed v. St. Paul’s United Methodist
    Church, 31,521 (La. App. 2 Cir. 2/24/99), 728 So. 2d 931, writ denied, 99-0877 (La.
    5/7/99), 740 So. 2d 1290.

    An exception of no cause of action raises a question of law. Robinson v. Mitchell,


    53,958 (La. App. 2 Cir. 6/30/21), 323 So. 3d 982, 988; Billiot v. Billiot, 52,391 (La. App.
    2 Cir. 11/14/18), 262 So. 3d 401.

    After a de novo review of this well-pled petition, we conclude that the applicants
    stated a cause of action for preliminary injunction and declaratory relief on the claim that
    disciplinary action including termination of employment by defendants, notwithstanding
    the employment at-will doctrine, would unlawfully abridge certain alleged constitutional
    DocuSign Envelope ID: 8FE8F7AB-E58B-417D-AF1B-4D21AEF413EF

    rights and that applicants are entitled to a hearing thereon. Moreover, we find that the
    exception of no cause of action is not the appropriate procedure to dispose of this
    important constitutional issue. Thus, the denial of the request for temporary restraining
    order which would have allowed for a hearing under the appropriate legal process was in
    error, as was the sustaining of the exception of no cause of action and dismissal of the
    petition with prejudice.

    Accordingly, this writ is granted and the October 12, 2021, and October 20, 2021,
    rulings are reversed. The matter is remanded to the trial court with instructions to enter a
    temporary restraining order enjoining any disciplinary action including termination of
    employment for unvaccinated employees on October 29, 2021, as requested and to
    conduct a hearing on the request for preliminary injunction and declaratory relief within
    the timeframe provided by law.

    28
    Shreveport, Louisiana, this ________ day of ________________________,
    October 2021.

    ___________________ ___________________ ___________________

    October 28, 2021


    FILED: ________________________

    ________________________________
    DEPUTY CLERK

    You might also like