HLS 12RS-334 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 440
BY REPRESENTATIVE ABRAMSON
CIVIL/VENUE: Provides relative to venue for actions involving latent disease
AN ACT1
To amend and reenact Code of Civil Procedure Article 45 and to enact Code of Civil2
Procedure Article 78.1, relative to venue; to provide for exclusive venue; to provide3
venue for actions involving latent disease; to provide for a contradictory hearing; to4
provide for the transfer of certain actions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Article 45 is hereby amended and reenacted and7
Code of Civil Procedure Article 78.1 is hereby enacted to read as follows: 8
Art. 45. Conflict between two or more articles in Chapter 9
The following rules determine the proper venue in cases where two or more10
articles in this Chapter may conflict: 11
(1) Article 78, 78.1, 79, 80, 81, 82, or 83 governs the venue exclusively, if12
this article Article conflicts with any of Articles 42 and 71 through 77; 77.13
(2) If there is a conflict between two or more Articles 78 through 83, the14
plaintiff may bring the action in any venue provided by any applicable article; and15
article.16
(3) If Article 78, 78.1, 79, 80, 81, 82, or 83 is not applicable, and there is a17
conflict between two or more of Articles 42 and 71 through 77, the plaintiff may18
bring the action in any venue provided by any applicable article.19
* * *20 HLS 12RS-334 ORIGINAL
HB NO. 440
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Art. 78.1. Latent disease actions; forum non conveniens1
A. An action involving a latent disease, including but not limited to asbestos2
or silica-related disease, shall be brought in the parish in which the plaintiff alleges3
substantial exposure to asbestos, silica, or any other alleged toxic or injury-causing4
substance, except a direct action against a foreign or alien insurer may also be5
brought in accordance with Article 42(7).6
B.(1) If substantial exposure is alleged in more than one parish, a district7
court, upon contradictory motion or upon the court's own motion after contradictory8
hearing, may transfer the case to a more appropriate district court where it may have9
been brought, considering the convenience of the parties and the witnesses, the10
amount and length of exposure alleged in each parish, and the interest of justice.11
(2) Notwithstanding the provisions of Subparagraph (1) of this Paragraph,12
no suit brought in the parish in which the plaintiff is domiciled, and in a court which13
is otherwise a court of competent jurisdiction and proper venue, shall be transferred14
to any other court pursuant to this Article.15
C. Allegations, presentation of evidence, and findings in accordance with16
this Article shall not:17
(1) Result in any presumption at trial that a party was exposed as alleged nor18
that he is impaired by an asbestos-related, silica-related, or other alleged latent19
disease.20
(2) Be conclusive as to the liability of any defendant.21
(3) Be admissible at trial, unless otherwise admissible in accordance with the22
Code of Evidence.23
(4) Result in any instruction by the court to the jury with respect to the24
allegations, presentation of evidence, and findings in accordance with this Article25
and no counsel for any party, nor any witness, shall inform the jury or potential26
jurors of any showing or finding subject to appropriate sanctions.27 HLS 12RS-334 ORIGINAL
HB NO. 440
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Abramson HB No. 440
Abstract: Provides venue and forum non conveniens procedures for actions involving
latent diseases as a result of exposure to any toxic or injury-causing substance.
Proposed law provides that actions involving latent diseases, including asbestos and silica,
shall be brought in the parish in which the plaintiff alleges substantial exposure, except
direct actions against a foreign or alien insurer may also be brought in East Baton Rouge
Parish.
Proposed law provides that if exposure is alleged in more than one parish, the court shall
determine which parish has the most significant contacts based on the amount and length of
exposure and may transfer the action to that parish.
Proposed law provides that when two or more venue articles conflict, proposed law governs
the venue exclusively.
Proposed law prohibits the transfer of a suit brought in the domicile of the plaintiff and in
a court which is otherwise a court of competent jurisdiction and proper venue.
Proposed law provides that allegations, evidence, and findings in accordance with proposed
law shall not result in any presumptions at trial, be conclusive as to liability, be admissible
at trial unless admissible under Code of Evidence, or result in any special instructions to the
jury.
(Amends C.C.P. Art. 45; Adds C.C.P. Art. 78.1)