Smith v. Transport Services Co. of Illinois

"This procedurally complex writ" concerned the tolling of prescription in a class action entitled "Fulford v. Transport Services Co." (Fulford/Abram), filed in Louisiana state court, then removed to federal court where class certification was denied. After class certification was denied and the case was still pending in federal court, other putative class members filed individual claims in a Louisiana state court, entitled "Smith v. Transport Services Co." (Smith). The specific issue this case presented was whether Louisiana Code of Civil Procedure Article 596A(3) suspended prescription for putative class members, plaintiffs herein, when a class action filed in a Louisiana state court was removed to federal court. The Louisiana Court found that under Article 596 prescription was suspended for the putative class members (Smith et al.) upon the filing of the Fulford/Abram class action in a Louisiana state court, and none of the three triggering events contained in Article 596 to resumed the tolling of prescription occurred. Thus, the Court reversed the Court of Appeal and overruled defendants’ exception of prescription. View "Smith v. Transport Services Co. of Illinois" on Justia Law