Quinn v. Louisiana Citizens Property Insurance Corp.
118 So. 3d 1011
La.2012Background
- Quinns filed a homeowners claim against Citizens in Jefferson Parish in 2009 for Katrina/Rita damages.
- Citizens argued Quinns were putative class members of two state/federal actions and their claims were prescribed.
- District court denied Citizens’ prescription exception, citing ongoing class actions and timing of certification rulings.
- La. C.C.P. art. 596 suspension sought to apply to Quinns’ individual suit as a putative class member after certification ruling.
- This Court granted certiorari to address (1) post-certification filing effects and (2) cross-jurisdictional tolling under Article 596.
- The court held: no opt-out by filing an individual suit after certification; Article 596 does not extend to federal court class actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does filing an individual suit after class certification opt out of the class? | Quinns claim post-certification filing suspends prescription under Article 596. | Filing individual suit acts as opt-out and forfeits suspension. | No opt-out; filing does not restart or forfeit Article 596 benefits. |
| Does Article 596 suspend prescription for a putative class action filed in a federal court? | Suspension extends to claims in the federal class action. | No cross-jurisdictional tolling under Article 596. | Article 596 does not suspend prescription for federal court class actions. |
| Is cross-jurisdictional tolling of prescription under Article 596 recognized in Louisiana? | Treat federal class actions as tolling instruments under Article 596. | Cross-jurisdictional tolling would subvert Louisiana prescription principles. | Cross-jurisdictional tolling is rejected; Article 596 applies only to Louisiana class actions. |
Key Cases Cited
- Duckworth v. Louisiana Farm Bureau Mutual Ins. Co., 85 So.3d 99 (La. 2012) (recognizes no opt-out via independent suit and clarifies Article 596 triggers)
- Taranto v. Louisiana Citizens Property Ins. Corp., 62 So.3d 721 (La. 2011) (strict construction of prescription and burden on plaintiff)
- Duckworth, 11-2835, 85 So.3d 100 (La. 2012) (articulates three triggers for restarting prescription under Article 596)
- Portwood v. Ford Motor Co., 701 N.E.2d 1102 (Ill. 1998) (rejects cross-jurisdictional tolling to protect against forum shopping)
- Vaccariello v. Smith & Nephew Richards, Inc., 763 N.E.2d 160 (Ohio 2002) (advocates cross-jurisdictional tolling under certain conditions)
- Casey v. Merck & Co., 722 S.E.2d 842 (Va. 2012) (states that reject cross-jurisdictional tolling to limit forum-shopping risk)