USA – LOUISIANA Law and Practice Contributed by: Allan Kanner, Conlee Whiteley and Cynthia St. Amant, Kanner & Whiteley, LLC
ing only individual members, and a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The article identifies a number of factors pertinent to this requirement: (a) the interest of the members of the class in indi- vidually controlling the prosecution or defence of separate actions; (b) the extent and nature of any litigation concern- ing the controversy already commenced by or against members of the class; (c) the desirability or undesirability of concentrat- ing the litigation in the particular forum; (d) the difficulties likely to be encountered in the management of a class action; (e) the practical ability of individual class members to pursue their claims without class certifica- tion; and (f) the extent to which the relief plausibly demand- ed on behalf of or against the class, including the vindication of such public policies or legal rights as may be implicated, justifies the costs and burdens of class litigation. Notice of class certification and an opportunity to opt-out are requirements of an Article 591 (B)(3) class. In addition, a class may be certified for settlement purposes pursuant to Article 591 (B)(3), even if the requirements of that subsection are not otherwise met. 2.2 Scope of Areas of Law to Which the Legislation Applies La C.C.P. Article 591, et seq, governs the ability to use the class action procedure in Louisiana state courts for civil disputes that meet the criteria, other than those to which the courts or the legislature specifi- cally do not allow private causes of action or class action treatment such as the Louisiana Unfair Trade Practices Act (LUTPA). Class actions under LUTPA are limited to enforcement actions brought by the Louisiana Attorney General for restitutionary recovery or injunctive relief. Another factor limiting consumer class actions is the Louisiana Products Liability Act (LPLA), which sets forth the “exclusive theories of lia- bility for manufacturers for damages caused by their products” (La. Rev. Stat. Ann. Section 51:1409). Loui- siana courts largely agree that the LPLA subsumes
all LUTPA claims involving products liability. However, the LPLA exclusivity provision does not expressly pre- clude class actions for redhibition claims for economic losses relating to a product. The class action procedure is used in many areas of the law such as mass torts, environmental damage, securities, consumer protection, false or fraudulent advertising, design defects, antitrust, data breach- es, pharmaceuticals, and digital and online privacy, among others. 2.3 Definition of Collective Redress/Class Actions There is no statutory definition of “class actions” in Louisiana. However, Louisiana courts have defined a “class action” as a nontraditional litigation procedure that permits a representative with typical claims to sue or defend on behalf of, and stand in judgment for, a class of similarly situated persons when the question is one of common interest to persons so numerous as to make it impracticable to bring them all before the court. It is an alternative procedural device to the general rule for litigation to be conducted by and on behalf of individually named parties, and its purpose and intent is to adjudicate and obtain res judicata effect on all common issues applicable to persons who bring the action, as well as to all others similarly situated. Louisiana also recognises settlement class actions, which must meet the same criteria in Article 591 other than the predominance and superiority requirements. Class notice is given to all class members of the pro- posed settlement class, and if approved the settle- ment is applicable to all class members who do not formally exclude themselves the settlement. 3. Procedure for Bringing Collective Redress/Class Actions 3.1 Mechanisms for Bringing Collective Redress/Class Actions Unlike some states that have courts specifically designed to hear class actions and other complex matters, a class action can be brought in any Loui- siana state district court of proper jurisdiction and
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