Legal Opinion

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

Court of Appeals for the Fifth Circuit

Decided October 30, 2014No. 13-30150Published

1Opinion of the Court

JAMES E. GRAVES, Jr., Circuit Judge:

In a prior opinion and order, we certified to the Supreme Court of Louisiana the question of whether the one-year time period governing a survival action in Article 2315.1 of the Louisiana Civil Code is prescriptive or peremptive. See Coleman v. OFS, Inc., 554 Fed.Appx. 251 (5th Cir. Dec. 18, 2013). The Supreme Court of Louisiana denied certification, because in the interim, that court issued its opinion in Watkins v. Exxon Mobil Corp., 2013-1545 (La.5/7/14), 145 So.3d 237, reh’g denied (July 1, 2014), holding that the time period in Article 2315.1, as…

2Cases cited10 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. American Waste & Pollution Control Company v. Browning-Ferris, Inc.Court of Appeals for the Fifth Circuit · 1992
  4. Jenkins v. StarnsSupreme Court of Louisiana · 2012
  5. Hamilton v. United Healthcare of Louisiana, Inc.Court of Appeals for the Fifth Circuit · 2002

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