Practitioners' Note by Stephen H. Kupperman and David G. Radlauer
In 1997, the Louisiana Legislature enacted sweeping changes to the State's class action articles. These changes were aimed at restoring fairness, predictability, and order to a judicial process that had clearly transcended its original purposes. The amended articles more closely track the language of Rule 23 of the Federal Rules of Civil Procedure, but in certain respects impose more stringent requirements on plaintiffs seeking class action certification. While these constructive changes have already impacted the conduct of class action litigation in Louisiana, it nonetheless remains uncertain whether the courts will fully implement the criteria embodied in the new articles.
About the Author
Stephen H. Kupperman. Partner, Stone, Pigman, Walther, Wittmann & Hutchinson, L.L.P., New Orleans, Louisiana; Adjunct Professor of Law, Tulane University School of Law. Mr. Kupperman has served as counsel in numerous federal and state class actions concerning environmental, securities, product liability, antitrust, contract, tort, and sales practice claims.
David G. Radlauer. Partner, Jones, Walker, Waechter, Poitevent, Carrère & Denègre, L.L.P., New Orleans, Louisiana. Mr. Radlauer has defended several class actions in state and federal courts concerning antitrust, products liability, and general contract and tort issues.
Citation
74 Tul. L. Rev. 2047 (2000)