Sam Doe v. the Society of the Roman Catholic Church of the Diocese of Lafayette

BRADBERRY, J., Dissents with Reasons. Once liberative prescription accrues, the right to plead the defense is “absolute, complete, unconditional, and independent of a contingency,” and it is therefore vested. See In re Am. Waste & Pollution Control Co.,

597 So.2d 1125, 1130

(La.App. 1 Cir.), writs denied, 604 So.2d 1309, 1318 (La.1992) (citing Voelkel v. Harrison,

572 So.2d 724, 726

(La.App. 4th Cir. 1990), writs denied,

575 So.2d 391

(La.1991)(defining a vested right)). The idea that it is constitutionally permissible for the Legislature to revive a prescribed cause of action has been…