106 So. 3d 193
La. Ct. App.2012Background
- Hurricane Katrina caused extensive damage; plaintiffs are homeowners insured by Citizens and sue for claims under their policies.
- Eleven Jefferson Parish residents filed a May 26, 2011 petition claiming they were putative class members entitled to suspension of prescription under La. C.C.P. art. 596.
- Citizens answered August 2, 2011 with an exception of prescription and other defenses.
- The trial court sustained the prescription exception; plaintiffs appeal, seeking continuation of suspension due to class-action tolling.
- The court must address Taranto’s deadlines, Duckworth/Quinn considerations, and potential interruption by the Road Home litigation to determine prescription status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Taranto-era deadlines control suspension | Taranto allows ongoing tolling via timely class actions not relying on Buxton/Chalona. | Taranto sets May 31, 2009 deadline; plaintiffs’ suit after that is untimely. | Taranto’s May 31, 2009 deadline not controlling here. |
| Whether filing an individual suit forfeits suspension under Article 596 | Independent suit does not erase class-based suspension per Duckworth/Quinn. | Independent suit constitutes opting out and forfeits suspension. | Individual filing does not trigger opt-out; suspension can continue if conditions met. |
| Whether Road Home litigation interrupts prescription for recipients | Road Home filing interrupting prescription applies to grant recipients; plaintiffs alleged eligibility. | No evidence or allegations linking plaintiffs to Road Home grants; no interruption shown. | Road Home does not interrupt prescription for these plaintiffs; not proven. |
| Whether plaintiffs’ petition is prescribed on its face and what remains governed by Article 596 | Petition asserts suspension due to pending class actions, not limited to a single class. | Cross-case reliance and timing fail to demonstrate non-prescription; burden on Citizens to prove otherwise. | Petition not prescribed on its face; four state-court class actions sustain suspension; Road Home not proven. |
Key Cases Cited
- Taranto v. Louisiana Citizens Property Insurance Corp., 62 So.3d 721 (La. 2011) (Taranto clarified that May 31, 2009 deadline not universally controlling; others may extend tolling)
- Lester v. Exxon Mobil Corp., 42 So.3d 1071 (La. App. 5th Cir. 2010) (opt-outTheory under 596 later expressly overruled by Duckworth/Quinn)