Legal Opinion

Lavespere v. Niagara Machine & Tool Works, Inc.

Court of Appeals for the Fifth Circuit

Decided December 18, 1990No. 89-4208PublishedCited by 15 opinions

1Opinion of the Court

ON PETITION FOR REHEARING

Before RUBIN, JONES, and BARKSDALE, Circuit Judges. ALVIN B. RUBIN, Circuit Judge:

The application for rehearing asserts that our original decision1 erroneously held the procedural provisions of the Louisiana Products Liability Act2 applicable to this case even though that law was adopted after the cause of action had accrued, relying on several Louisiana intermediate appellate court opinions stating categorically, albeit cryptically, that the law is not retroactive. The proposition that, in general, the Louisiana Products Liability Act is prospective is accurate, but…

2Cases cited17 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Coco v. Winston Industries, Inc.Supreme Court of Louisiana · 1977
  3. Lavespere v. Niagara Machine & Tool Works, Inc.Court of Appeals for the Fifth Circuit · 1990
  4. Halphen v. Johns-Manville Sales Corp.Supreme Court of Louisiana · 1986
  5. Church of Scientology of California v. Gabriel CazaresCourt of Appeals for the Fifth Circuit · 1981

12 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Lynda D. Perry v. Mercedes Benz of North America, Inc. And Abc Insurance CompanyCourt of Appeals for the Fifth Circuit · 1992
  2. Anthony Gibson v. Jeffrey KilpatrickCourt of Appeals for the Fifth Circuit · 2016
  3. Williamson v. Elf Aquitaine, Inc.Court of Appeals for the Fifth Circuit · 1998
  4. Matheny v. Glen Falls InsuranceCourt of Appeals for the Fifth Circuit · 1998
  5. Willis v. Roche Biomedical Laboratories, Inc.Court of Appeals for the Fifth Circuit · 1994

10 more not listed; retrieve them via the Exa API.

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