Levi Coleman, Sr. v. H.C. Price Company, et
Court of Appeals for the Fifth Circuit
1Opinion of the Court
PER CURIAM: *
This is an appeal from a partial final judgment which dismissed certain plaintiffs’ state law survival claims as untimely. The district court found that the limitations period governing survival claims in Louisiana is peremptive and thus not subject to tolling or interruption. We certify the dispositive question of whether the relevant time period is prescriptive or per-emptive to the Louisiana Supreme Court.
I. Factual and Procedural Background
Plaintiffs-Appellants in this class action litigation are pipe yard workers and surviving beneficiaries of pipe yard workers. Plaintiffs’…
2Cases cited12 opinions
- In Re Katrina Canal Breaches LitigationCourt of Appeals for the Fifth Circuit · 2007
- American International Specialty Lines Insurance v. Canal Indemnity Co.Court of Appeals for the Fifth Circuit · 2003
- Harding v. K.C. Wall Products, Inc.Supreme Court of Kansas · 1992
- Robin Free and Renee Free v. Abbott Laboratories, Inc., Bristol-Myers Squibb Company, Inc., and Mead Johnson & CompanyCourt of Appeals for the Fifth Circuit · 1999
- Jenkins v. StarnsSupreme Court of Louisiana · 2012
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- Levi Coleman, Sr. v. H.C. Price Company, etCourt of Appeals for the Fifth Circuit · 2014