Arnouville v. Crowe

hln affirming the trial court judgments, the majority concludes that the plaintiffs’ instant state court suit was not prescribed, because their earlier-filed federal suit remained pending when the plaintiffs filed the instant suit, and the federal suit served to interrupt prescription for as long as it remained pending. I respectfully believe this conclusion is wrong.

Prescription is interrupted when the ob-ligee commences action against the obligor in a court of competent jurisdiction and venue. If an action is commenced in an incompetent court, or in an improper venue, prescription is…