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.
(U.S., filed January 29, 2018): Arguing that the lower court improperly allowed stacked class actions and tolling of the applicable statute of limitations. The Court’s decision in American Pipe & Construction Co. v. Utah (1974), held that the commencement of a class action tolls the statute of limitations for all purported members of the class, but does not extend to a subsequent class action, after the denial of an initial class certification.
On June 11, 2018, the Court ruled in favor of ATRA’s position.
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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