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DOE v. SOCIETY OF THE ROMAN CATHOLIC CHURCH OF THE DIOCESE OF LAFAYETTE (2022)

Supreme Court of Louisiana.2022-10-04No. No. 2022-CC-00829

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Writ application granted. See per curiam.

The writ is granted for the sole purpose of remanding the case to the court of appeal for briefing, argument, and full opinion.

In its opinion, the court of appeal should discuss whether the 2021 amendment to La. R.S. 9:2800.9 manifested an express intent to revive all claims prescribed under the prior law. See Cameron Par. Sch. Bd. v. ACandS, Inc., 96-0895 (La. 1/14/97), 687 So.2d 84; Chance v. American Honda Motor Co., Inc., 93-2582 (La. 4/11/94), 635 So.2d 177.

If the court determines the 2021 amendment has the effect of reviving the prescribed cause of action in this case, it should then address relators alternative argument that such a result would unconstitutionally impair relators vested right in the defense of liberative prescription.

Hughes, J., would deny.