(La., filed April 3, 2023): Arguing that the Louisiana Supreme Court has consistently interpreted the Louisiana Constitution as prohibiting the legislative revival of prescribed claims. This Court’s plurality decision in Chance does not support revival of prescribed claims. Finally, arguing that permitting a violation of vested rights would undermine the purpose of prescription defenses generally, significantly damaging the balance of litigation interests and the stability of insurance markets.
This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]