Spouse's Cause of Action Arose on Loss of Consortium Date, Louisiana Court Rules



DOCUMENTS
  • ACandS Opinion
  • Westinghouse Opinion


New Orleans - The date of onset of the loss of consortium determines when that cause of action arose for the purposes of an 1982 amendment to state substantive law, a Louisiana Court of Appeals has ruled in a lawsuit brought by the spouse of an asbestos claimant. McDuffie et al. v. ACandS Inc., et al., No. 2000-C-2745 (La. Ct. App., 4th Cir.).

In a related action, on the ground that an asbestos defendant missed its filing deadline, the appellate court upheld a lower court ruling denying the defendant's request to file a motion to compel the plaintiff to respond …






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