HLS 14RS-3 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 597
BY REPRESENTATIVE ABRAMSON
CIVIL/PROCEDURE: Provides relative to class actions
AN ACT1
To amend and reenact Code of Civil Procedure Article 596(A) and to enact Code of Civil2
Procedure 596(C), relative to class actions; to provide for limitations on suspension3
of liberative prescription; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 596(A) is hereby amended and reenacted6
and Code of Civil Procedure Article 596(C) is hereby enacted to read as follows: 7
Art. 596. Prescription; suspension8
A. Liberative prescription on the claims arising out of the transactions or9
occurrences described in a petition brought on behalf of a class is suspended on the10
filing of the petition as to all members of the class as defined or described therein.11
Prescription which has been suspended as provided herein, begins to run again:12
(1) As to any person electing to be excluded from the class, thirty days from13
the submission of that person's election form;14
(2) As to any person excluded from the class pursuant to Article 592, thirty15
days after mailing or other delivery or publication of a notice to such person that the16
class has been restricted or otherwise redefined so as to exclude him; or17
(3) As to all members, thirty days after mailing or other delivery or18
publication of a notice to the class that the action has been dismissed, that the19
demand for class relief has been stricken pursuant to Article 592, or that the court has20 HLS 14RS-3 ORIGINAL
HB NO. 597
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
denied a motion to certify the class or has vacated a previous order certifying the1
class., or that the action has been removed to federal court.2
* * *3
C. Notwithstanding the provisions of Paragraph A of this Article,4
prescription shall not be considered suspended on the claim of any member who5
brings an individual lawsuit prior to the occurrence of any events outlined in6
Subparagraphs (A)(1) through (3), unless the individual lawsuit is filed in or7
transferred to the same court where the petition on behalf of the class is pending and8
the actions are consolidated therewith.9
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. 597
Abstract: Provides for limitations on suspension of liberative prescription.
Present law provides for suspension of liberative prescription in class action suits for all
members of the class and provides certain actions that trigger when prescription begins to
run again.
Proposed law retains present law and adds removal to federal court as an action that causes
prescription to begin to run again. Further prohibits suspension of prescription for members
of the class who bring an individual action in certain circumstances unless the action is
transferred to the same court where the class action is pending and is consolidated with that
case.
(Amends C.C.P. Art. 596(A); Adds C.C.P. Art. 596(C))