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.
(Tx., filed February 8, 2024): Arguing that Ford Motor Company’s “release” of a vehicle constitutes a “sale” under the plain text of the statute of repose. A “sale” is the transfer of property from one party to another for a price. The statute of repose does not require a defendant to prove the exact date of sale necessarily occurred outside the 15-year period. Adopting respondents’ misreading of the statute of repose would defeat the entire purpose of providing predictability.
Status: On June 7, 2024, the Court agreed with ATRA’s position and granted summary judgment for Ford because the case was filed outside the 15-year period.
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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