Filed October 19, 2011
Since FairPay has neither plead that it has been fined by the government, or forced to pay a fine to the government, it has no cause of action under the Excessive Fines Clause and dismissal under Rule 12(b)(6) is appropriate.3 As for the Fourteenth Amendment challenge, FairPay alleges that its injury derives from Defendants’ interpretation of the LWCA as enforced by the Louisiana Workers’ Compensation Courts. For this reason, FairPay asks this Court to declare that the LWCA and its scheme are unconstitutional, specifically La. R.S. 23:1203(A) and (B) and La. R.S. 23:1201. These three sections of the LWCA set out the obligations of the employers, how to make payments under this scheme and the result of a failure to timely pay.