Louisiana House Bill HB279

Louisiana 2020 Regular Session

• Introduced: 2/26/20
• Refer: 2/26/20
• Refer: 3/9/20

Caption

Provides relative to involuntary dismissals with prejudice

Impact

The impact of HB 279 would be to tighten the rules surrounding how court dismissals are handled, particularly favoring defendants who have not been served in a timely manner. By categorizing such dismissals as 'with prejudice,' the bill would effectively prevent plaintiffs from pursuing the same case against those defendants again. This could lead to a decrease in frivolous lawsuits but may also grant defendants a greater advantage at the expense of plaintiffs who may simply have logistical issues with serving papers. The legal landscape regarding civil litigation could see shifts as attorneys adjust their strategies based on this new reality, which prioritizes efficient resolution over potential second chances for plaintiffs.

Summary

House Bill 279 aims to amend the Code of Civil Procedure in Louisiana regarding the rules for involuntary dismissals of legal actions with prejudice. The bill states that if a defendant has not been served or has not waived service within a specified time, the action shall be dismissed with prejudice. This contrasts with the current law, which allows for dismissals without prejudice under the same circumstances, offering the opportunity for parties to refile their claims in the future. The proposed change is significant as it could impact the ability of plaintiffs to keep cases alive that may require further action or resubmission due to service issues.

Sentiment

The sentiment surrounding the bill appears to be mixed, with proponents arguing that the new rules will streamline the judicial process and protect defendants from endless litigation. They believe that it will reduce unnecessary delays and congestion in the courts. However, critics express concern that it may unduly penalize plaintiffs, particularly those who may not have the resources or ability to ensure timely service of process. This reflects a broader discussion about the balance of interests in civil litigation and the duty of the courts to provide fair access to justice for all parties involved.

Contention

Notable points of contention in the discussions about HB 279 are centered on the implications of dismissing cases with prejudice. Opponents argue that this could restrict access to justice, particularly for individuals or smaller entities who may struggle with procedural requirements. The potential for abuse of this aspect by defendants seeking to evade accountability is also a concern. On the other hand, proponents contend that the bill reinforces necessary legal efficiencies and protects the rights of defendants. The overall debate reflects larger themes in civil law regarding fairness, accessibility, and efficiency.