5th Circuit Asks Louisiana Supreme Court for Opinion on Limitations Period for Survival Claims

NEW ORLEANS — The 5th Circuit Court of Appeals has asked the Louisiana Supreme Court for an opinion on whether the state’s limitations period for survival claims is peremptive or prescriptive and, thus, subject to tolling or interruption.

The Circuit Court’s Dec. 18 decision to certify the question came on an appeal of partial summary judgment and the dismissal of certain state-law claims brought plaintiffs suing over alleged exposure to radiation in residue cleaned from oilfield pipes and equipment.

Defendants are oil companies that sent equipment to plaintiffs’ employers for servicing. They include OFS Inc.; Atlantic Richfield Co.; BP Products …