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Thread: Louisiana Governor suspends Statute of Limitations

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    Post Louisiana Governor suspends Statute of Limitations

    Extraordinary moves.

    From a lawyer friend in Louisiana
    :

    All,

    Stay well and safe in these strange and crazy times we are living through. The Governor of Louisiana issued an Executive Order yesterday suspending all legal deadlines. Most importantly, the prescriptive period/statute of limitations is suspended “at least” between March 16 and April 13, 2020. There is a 1 year prescriptive period for liability claims in Louisiana. (UM claims have 2 years.) Therefore, any claims that arose from accidents between March 16, 2019 and April 13, 2019 do not have to be filed until April 14, 2020.

    As I understand it, the courts are open for the filing of lawsuits and pleadings so attorneys can still file, but this would be voluntary. Attached is a copy of the Executive Order for your review. Let me know if there are any questions. I will update you on any further developments.

    Wade

    https://gov.louisiana.gov/assets/Exe.../JBE-EO-30.pdf


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    How can an EO change a statute(s)?
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    Quote Originally Posted by Peter1469 View Post
    How can an EO change a statute(s)?
    What constitutional power does Governor Dewine have to order bars and restaurants closed?
    What about or constitutional right of freedom of assembly?

    Remember, it's not whether these are good ideas, it's whether these are constitutional moves. The Ohio State Bar Association blog blew up on Monday over the first question.
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    Quote Originally Posted by DGUtley View Post
    What constitutional power does Governor Dewine have to order bars and restaurants closed?
    What about or constitutional right of freedom of assembly?
    Remember, it's not whether these are good ideas, it's whether these are constitutional moves. The Ohio State Bar Association blog blew up on Monday over the first question.

    With regards to shutting bars and restaurants down, I bet these states have laws similar to federal laws regarding emergency declarations.
    There will probably be some lawsuits over these actions. So we will see how the courts handle them.
    Last edited by DGUtley; 03-18-2020 at 07:22 AM. Reason: Fixed quote
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    I believe when faced with a scourge that is killing people and infecting people in every part of the world and causing lifetime lung damage on even young people.

    The legal arguments for closing bars and assembly and statutes of limitation to keep people out of public courtrooms is not only necessary but prudent.

    This is an extraordinary WORLD EVENT that can cause many deaths and implications for a lifetime. Petty legal disputes can and should get stuffed in the toilet...Someone has to take control of the mass's and attempt to protect them...
    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.

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    Quote Originally Posted by Common View Post
    I believe when faced with a scourge that is killing people and infecting people in every part of the world and causing lifetime lung damage on even young people.

    The legal arguments for closing bars and assembly and statutes of limitation to keep people out of public courtrooms is not only necessary but prudent.

    This is an extraordinary WORLD EVENT that can cause many deaths and implications for a lifetime. Petty legal disputes can and should get stuffed in the toilet...Someone has to take control of the mass's and attempt to protect them...
    I am against the government blatantly violating the Constitution for any reason. It only makes it more likely to happen again.

    Closing bars and restaurants can only be done after a declaration of emergency. From what I understand the states that have taken this action followed that.

    Waiving statutory limits to file claims which are based in state and federal law is not something that can be done by executive order. The Governor of Louisiana is not a tyrant. He should go to his legislature to do it the right way.
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    Quote Originally Posted by Peter1469 View Post
    I am against the government blatantly violating the Constitution for any reason. It only makes it more likely to happen again.

    Closing bars and restaurants can only be done after a declaration of emergency. From what I understand the states that have taken this action followed that.

    Waiving statutory limits to file claims which are based in state and federal law is not something that can be done by executive order. The Governor of Louisiana is not a tyrant. He should go to his legislature to do it the right way.
    Peter I respectfully disagree, when you not only have a national emergency but a worldwide emergency that is killing many people, extraordinary and unusual measures have to be taken.

    I am not for breaking the constitution either but if its going to kill innocent people then exceptions have to be made....common sense and the greater good has to trump, we cant abide by set in stone when circumstances clearly show its detrimental to the mass's
    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.

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    Quote Originally Posted by Common View Post
    Peter I respectfully disagree, when you not only have a national emergency but a worldwide emergency that is killing many people, extraordinary and unusual measures have to be taken.

    I am not for breaking the constitution either but if its going to kill innocent people then exceptions have to be made....common sense and the greater good has to trump, we cant abide by set in stone when circumstances clearly show its detrimental to the mass's
    Why not follow proper procedure if it's such an emergency? This sets a bad precedent, and could be abused in the future.

    Progressivism, ideas so good, they have to be mandatory

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    Quote Originally Posted by DGUtley View Post
    Extraordinary moves.

    From a lawyer friend in Louisiana
    :

    All,

    Stay well and safe in these strange and crazy times we are living through. The Governor of Louisiana issued an Executive Order yesterday suspending all legal deadlines. Most importantly, the prescriptive period/statute of limitations is suspended “at least” between March 16 and April 13, 2020. There is a 1 year prescriptive period for liability claims in Louisiana. (UM claims have 2 years.) Therefore, any claims that arose from accidents between March 16, 2019 and April 13, 2019 do not have to be filed until April 14, 2020.

    As I understand it, the courts are open for the filing of lawsuits and pleadings so attorneys can still file, but this would be voluntary. Attached is a copy of the Executive Order for your review. Let me know if there are any questions. I will update you on any further developments.

    Wade

    https://gov.louisiana.gov/assets/Exe.../JBE-EO-30.pdf


    Attachment 28375


    This is interesting. In Kansas, we have a group (I'm in it.) trying to stop an executive reorganization order (ERO) issued by the governor, but all this coronavirus mess is taking up valuable time in the legislature. If the Kansas House does not hold a hearing on a resolution to disavow the ERO, it will automatically go into effect. It's not looking too good for us right now.
    "What happens is of little significance compared with the stories we tell ourselves about what happens. Events matter little, only stories of events
    affect us.”

    ~Rabih Alameddin


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    Quote Originally Posted by countryboy View Post
    Why not follow proper procedure if it's such an emergency? This sets a bad precedent, and could be abused in the future.
    If history is a guide not could, but will.
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