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

Summary

The Louisiana Supreme Court held that Louisiana's Unfair Trade Practices and Consumer Protection Law does not limit private actions to consumers and business competitors. Nevertheless, the court affirmed dismissal of the plaintiffs' LUTPA claim on summary judgment because they failed to produce evidence that Shell engaged in unfair or deceptive conduct or conspired with Filco to lure away their employees. The court emphasized that ordinary business practices, permissible competition, and at-will employees' decisions to change employers do not ordinarily constitute LUTPA violations.

Holdings

1. Louisiana's Unfair Trade Practices and Consumer Protection Law does not limit its private right of action to consumers and business competitors. Any person, natural or juridical, who suffers an ascertainable loss caused by an unfair or deceptive act or practice may bring an action under the statute.
2. Shell was entitled to summary judgment because plaintiffs failed to produce factual support sufficient to establish that they could prove Shell engaged in an unfair or deceptive act or practice or conspired with Filco to lure away plaintiffs' workers.

Questions Presented

1. Whether persons who are neither consumers nor business competitors may bring a private damages action under Louisiana's Unfair Trade Practices and Consumer Protection Law.
2. Whether Shell was entitled to summary judgment because plaintiffs failed to produce factual support showing that Shell engaged in an unfair or deceptive act or conspired with Filco to injure plaintiffs.

Disposition

reversed