Law Industries, LLC v. State of Louisiana, Department of Education, Recovery School District and Advanced…

Summary

The court held that the State could not be liable under LUTPA because, in contracting for school refurbishment and terminating the contract to protect schoolchildren, it was performing a governmental function rather than engaging in trade or commerce. It therefore sustained the State’s exception of no cause of action and affirmed dismissal of AEC’s LUTPA claim, while reversing the appellate court’s ruling that the claim was perempted. The matter was remanded for further proceedings.