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T.S. v. Holy Cross
(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.
On June 27, the Court remanded the case back to the trial court without ruling on the constitutionality of the statute.
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