Appeals Court affirms Duplass summary judgment re: “exclusive remedy” defense in the face of an “intentional act” claim

Last month, the Louisiana Supreme Court denied the plaintiffs’ writ application, concluding a seven-year dispute about the applicability of the “exclusive remedy” defense afforded by Workers’ Compensation Law.  In doing so, the Court abstained from disturbing the Louisiana Fifth Circuit’s opinion, which effectively rejected the argument that the burden of proof relative to the “intentional act” exception to the “exclusive remedy” defense has diminished over the years.  This decision confirms the law relative to the “intentional act” exception has not changed and that summary judgment – even with fact-based questions – is appropriate under the right circumstances.