Legal Opinion

Levi Coleman, Sr. v. H.C. Price Company, et

Court of Appeals for the Fifth Circuit

Decided December 18, 2013No. 11-60302UnpublishedCited by 3 opinions

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

  1. In Re Katrina Canal Breaches LitigationCourt of Appeals for the Fifth Circuit · 2007
  2. American International Specialty Lines Insurance v. Canal Indemnity Co.Court of Appeals for the Fifth Circuit · 2003
  3. Harding v. K.C. Wall Products, Inc.Supreme Court of Kansas · 1992
  4. 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
  5. Jenkins v. StarnsSupreme Court of Louisiana · 2012

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

3Cited by3 opinions

  1. Goodrich v. United StatesCourt of Appeals for the Fifth Circuit · 2021
  2. Brandt Dealer Services, LLC v. Hancock Whitney BankDistrict Court, E.D. Louisiana · 2025
  3. Levi Coleman, Sr. v. H.C. Price Company, etCourt of Appeals for the Fifth Circuit · 2014

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