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Started By
Message
re: LA Supreme Court just struck down law expanding time to file suit against molesters
Posted on 3/22/24 at 5:20 pm to Tarps99
Posted on 3/22/24 at 5:20 pm to Tarps99
quote:
I wonder how this will affect the Archdiocese of New Orleans’s bankruptcy case.
It should throw out some of those cases that came from the shadows looking for a payday.
kill all pedophiles! (unless they're our Priests)
0
Posted on 3/22/24 at 5:33 pm to Bourre
quote:
Does anyone know if the St George opinion came out? I thought it was supposed to be released this week
It does not look like St. George came out
They did rule today that the NOLA City Council can sue LaToya and others over the Wisner Trust
Posted on 3/22/24 at 5:44 pm to RealDawg
quote:
Randomly and temporarily changing statutory limitations for such a unique purpose is contrary to having them in the first place.
Molesters suck but have to side with courts on this one.
Agree. Due process trumps all. In the majority opinion, the Court even acknowledged how horrible the underlying facts of these kinds of cases are, but noted that it was bound by the due process clause of the constitution:
"despite the sickening and despicable factual allegations in this case, we must conclude that La. R.S. 9:2800.9, as amended by the revival provisions, cannot be applied to revive plaintiffs' prescribed causes of action. To find otherwise would divest defendants of the vested right to plead prescription in violation of Art. I, Section 2 of the Louisiana Constitution."
This post was edited on 3/22/24 at 5:46 pm
Posted on 3/22/24 at 6:48 pm to TBoy
Louisiana is becoming more and more like California.
Posted on 3/22/24 at 6:55 pm to Tigerlaff
I don't care if they make certain claims never prescribe. The issue I had was taking a claim which already prescribed and subsequently changing the prescriptive period and letting it proceed. And the prescriptive period really isnt unreasonable. It's by the age 28. 10 years into adulthood.
Posted on 3/22/24 at 8:19 pm to TBoy
The better reasoning would be expost facto.
Posted on 3/22/24 at 8:28 pm to TBoy
quote:
of the Louisiana Constitution.
Here is the real problem. Our state has way too much in the constitution, and every election there are 6 or 7 more amendments to vote on.
It’s ridiculous.
Still, I’m guessing that the legislature can now just send this to the voters to add to the constitution, and then their decision becomes moot.
Posted on 3/22/24 at 8:35 pm to michael corleone
Ex post facto is making behavior a crime after it’s happened. This was always a crime and still is. It was also subject to civil suit but that period prescribed. Once it prescribed, the defendant had a constitutional due process interest in it not being revived by the simple whim of the Legislature.
This post was edited on 3/22/24 at 8:37 pm
Posted on 3/22/24 at 8:39 pm to TIGERVATO
quote:
Louisiana is becoming more and more like California.
I don't think you understand what you are talking about......at all.
Posted on 3/22/24 at 8:52 pm to TBoy
Bergdorf fingerbang victim gonna learn a hard lesson
Posted on 3/22/24 at 8:55 pm to FightinTigersDammit
quote:
And yet Trump has a 30 year old rape case, after New York changed their law on reporting sexual assault
Don't think the due process reasoning in this decision isn't going to be asserted in NY.
This has always been a fundamental issue with that case.
Posted on 3/22/24 at 9:06 pm to RealDawg
quote:
Randomly and temporarily changing statutory limitations for such a unique purpose is contrary to having them in the first place.
Molesters suck but have to side with courts on this one.
They could do this with any crime and make people defend themselves 20 years later.
Statutes of limitation exist for a reason, even for the most vile of crimes
Posted on 3/22/24 at 9:12 pm to Cosmo
quote:
Explain this to me like Im 10
That's what got em into trouble in the first place.
Posted on 3/22/24 at 9:14 pm to EmperorGout
quote:
Statutes of limitation exist for a reason, even for the most vile of crimes
There are no criminal statutes of limitation for murder in any jurisdiction I know of. LA has no statute of limitations for first degree rape either.
Civil suits for torts (wrongful death, battery, assault, infliction of emotional distress, etc.) do have limits.
This post was edited on 3/22/24 at 9:16 pm
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.
Posted on 3/22/24 at 9:21 pm to FightinTigersDammit
Just what I was thinking .. will they put time limits on rape cases??
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