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re: LA Supreme Court just struck down law expanding time to file suit against molesters
Posted on 3/22/24 at 9:19 pm to EmperorGout
Posted on 3/22/24 at 9:19 pm to EmperorGout
Prescription does not destroy a cause of action pursuant to Louisiana law. It merely bars its assertion. The legislature can lift the bar that they created.
Tort claims are not constitutional. They are entirely statutory. The legislature can repeal CC art 2315 tomorrow and that would not violate the constitution. They can create a cause of action by enacting a statute.
The legislature can make statutes retroactively applicable if they explicitly declare it to be so.
While it may not be good legislative practice to do this, it isn’t unconstitutional. Well, now it is. But conceptually it should not be.
Tort claims are not constitutional. They are entirely statutory. The legislature can repeal CC art 2315 tomorrow and that would not violate the constitution. They can create a cause of action by enacting a statute.
The legislature can make statutes retroactively applicable if they explicitly declare it to be so.
While it may not be good legislative practice to do this, it isn’t unconstitutional. Well, now it is. But conceptually it should not be.
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