Orrill v. Louisiana Citizens Fair Plan
96 So. 3d 647
La. Ct. App.2012Background
- LCPIC class action seeks damages from Hurricanes Katrina and Rita; trial court denied decertification; appeal affirmed denial.
- Class redefinition after Orrill included insureds who notified loss post Aug 29, 2005 and did not receive a timely settlement offer; LCPIC consented to redefinition but reserved decertification rights.
- LCPIC moved to decertify after attempted settlement failed; trial court denied decertification, finding no material change in circumstance.
- Appellate standard is abuse of discretion in reviewing decertification rulings; courts may modify class before merits.
- Court held there was no material change in facts, law, or circumstances since the initial ruling that would warrant decertification; denial affirmed.
- Prior Louisiana appellate authority (Chalona) supports that certification decisions focus on the defined class and that trial can proceed while resolving individual issues later.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether material changes warrant decertification. | LCPIC argues material change since initial ruling. | No material change; post-redefinition did not alter core facts. | No material change; denial upheld. |
| Whether the class remains properly defined and capable of resolving common issues. | Class definition captures common questions under RS 22:658. | Potentially requires individualized inquiries; predominance unclear. | Class remains sufficiently defined; maintain decertification not warranted. |
Key Cases Cited
- Wallace v. Louisiana Citizens Prop. Ins. Corp., 53 So.3d 514 (La.App. 4 Cir. 2010) (motion to decertify reviewed for abuse of discretion; favor maintaining class when no material change)
- Doerr v. Mobil Oil Corp., 935 So.2d 231 (La.App. 4 Cir. 2006) (standard for class issues; guidance on class preservation)
- Billieson v. City of New Orleans, 26 So.3d 796 (La.App. 4 Cir. 2009) (abuse of discretion review; no material change to warrant decertification)
- Chalona v. Louisiana Citizens Prop. Ins. Corp., 3 So.3d 494 (La.App. 4 Cir. 2008) (affirms certification and class definition, supports evaluation at trial)
- Richardson v. American Cyanamid Co., 757 So.2d 135 (La.App. 5 Cir. 2000) (two-stage class actions; common vs. individual issues)