The Louisiana Supreme Court’s Alarming U-turn
The Pelican State deserves a judicial system that stands firmly on principles — not one swayed by the most recent political winds.
(La., filed May 20, 2024): Urging the court to not overturn their previous decision in the case. Arguing that the Court’s original decision was not based upon policy, and it correctly interpreted the Louisiana Constitution as prohibiting the legislative revival of prescribed claims. Also arguing that the court’s original decision correctly identified the doctrine of contra non valentem as an available avenue of redress. The court’s original decision provided predictability for the availability and affordability of insurance in a state presently facing an insurance crisis.
Status: In June, the Court overturned its previous decision and upheld the statute as constiutional.
The Pelican State deserves a judicial system that stands firmly on principles — not one swayed by the most recent political winds.
Judges must recognize these cases for what they are: a cynical attempt to turn the suffering of families into a litigation jackpot.
A recent Delaware case shows that not all states follow the Supreme Court’s 1993 Daubert ruling.
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