Saleta Gallien; Russell Griffin; Noah Laughlin v. Conoco Phillips Company; Lake Ellis

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 08-30415
SALETA GALLIEN; RUSSELL GRIFFIN; NOAH LAUGHLIN
Plaintiffs-Appellants
v.
CONOCO PHILLIPS COMPANY; LAKE ELLIS
Defendants-Appellees
Appeal from the United States District Court
for the Western District of Louisiana
No. 07-1912
Before HIGGINBOTHAM, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
The plaintiffs-appellants sought relief from the defendants-appellees
under theories of abuse of right and intentional infliction of emotional distress.
The district court dismissed their claims with prejudice. It held that insofar as
their claims derive from their terminations (in 2005 and 2006) by Conoco
Phillips or its contractors, the claims are prescribed. Even if the claims had not
been prescribed, it held that the plaintiffs failed to state claims of either
intentional infliction of emotional distress or abuse of right, particularly in light
United States Court of Appeals
Fifth Circuit
F I L E D
December 12, 2008
Charles R. Fulbruge III
Clerk

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No. 08-30415
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of Louisiana’s at-will employment law. Finally, there was and is no “continuing
tort” that could emerge from Conoco Phillips’ alleged refusal to consider them for
renewed employment for the reasons the plaintiffs-appellants allege.
Finding no error in the district court’s judgment, we AFFIRM.

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