Tom Galligan has posted to SSRN The Summer of 2025: The De-Purification of Louisiana Comparative Fault and Selected Other Tort “Reform.” The abstract provides:
In the summer of 2025, the Louisiana legislature passed and the Governor signed the most wide-ranging changes to Louisiana tort law that an illness, injury, or condition was caused by the act which is the subject of the claim at issue.
In this piece, I will discuss the changes described above and their potential impact on Louisiana tort law. I will begin in Section II with the most significant of the changes: the shift to a modified comparative fault regime. Then, in Section III, I will consider the “no pay, no play” changes. Section IV will briefly consider the plight of the plaintiff who is not legally in the United States. Section V will review the so-called death of Housley. And, in Section VI, I will ponder the new prescription rules for survival and wrongful death actions.
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