Class Certification under Louisiana Law
NCLC filed a brief contending that the intermediate appellate court improperly affirmed the trial court’s order of class certification. In this case, plaintiffs challenge the defendants’ alleged contamination of drinking water. In affirming, the intermediate appellate court noted that the certification was proper because of “the relative ease” of future modification if circumstances warrant; the court refused to assess whether plaintiffs could prove their case on a class basis. In its brief, NCLC argued that Louisiana class action law was intended to be consistent with federal law and that the lower court’s decision contradicts federal law. In addition, NCLC warned that the lower court’s decision may invite the plaintiffs’ bar to focus on Louisiana courts as a new locale for their abusive class actions.
The Louisiana Supreme Court refused to review the appellate court’s certification order.
Amicus brief filed 3/16/07. Decided 6/25/07.