Louisiana Supreme Court agrees with Rundell and Mathews on applicability of relation back doctrine

March 15, 2011

In what has been described as a "Key Development" by the Louisiana Association of Defense Counsel, the Louisiana Supreme Court held that La. C.C.P. Article 1067, and not Article 1153, applies to incidental demands.  Thus, the circuit court erred in applying the "relation back" doctrine of Article 1153 and the factors provided in Giroir v. South La. Med. Center Div. of Hospitals, 475 So.2d 1040 (La. 1985), to an action to intervene in the plaintiffs’ petition.

The Louisiana Supreme Court reinstated the ruling of the trial court sustaining the defendant’s exception of prescription, and remanded to allow the opportunity for amendment of petition.

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