USA – LOUISIANA Law and Practice Contributed by: Allan Kanner, Conlee Whiteley and Cynthia St. Amant, Kanner & Whiteley, LLC
3.13 Judgments and Enforcement of Judgments
(eg, medical bills, lost wages or other quantifiable eco- nomic losses) on behalf of all class members, even if individual damage amounts vary. Each class mem- ber is entitled to recover their proven compensatory damages, and the class mechanism ensures these individual damage claims are resolved together. Louisiana class actions also support claims for equi- table relief on a class-wide basis. If a defendant has acted or refused to act on grounds generally appli- cable to a class, the court may grant class-wide injunctive relief or declaratory judgments benefitting the entire class. For example, a class of plaintiffs can jointly seek an injunction to halt unlawful practices affecting all class members, or a declaratory ruling to establish the parties’ rights under a statute or contract that uniformly impacts the class. The Louisiana Code of Civil Procedure expressly contemplates such class actions for injunctive or declaratory relief, mirroring the approach of Federal Rule 23. In addition, Article 595 of the Louisiana Code of Civil Procedure expressly allows courts to award the rep- resentative plaintiffs their litigation expenses, includ- ing attorney fees, out of a common fund or recovery obtained for the class. However, Louisiana imposes important limitations on punitive or exemplary damages in civil litigation, including class actions. Punitive and exemplary dam- ages are generally unavailable under Louisiana’s civil- ian tradition unless expressly authorised by statute. Civil penalties that function as punishment (such as statutory fines or multiplied damages) are treated similarly and may be recovered only when a statute explicitly allows private plaintiffs to seek those penal- ties. 3.12 Settlement and ADR Mechanisms Many courts require parties, through their local rules or during the case management process, to engage in informal or formal mechanisms to resolve class actions prior to extensive litigation or trial. This is typi- cally done through a non-binding mediation led by a private mediator experienced in complex litigation and the issues involved in the particular case.
A final judgment on the merits in a Louisiana class action is binding on all members of the certified class, regardless of whether each member was individual- ly named or present in court. La. C.C.P. Article 597 explicitly provides that a definitive class action judg- ment concludes all members of the class, whether joined in the action or not, as long as the class rep- resentatives fairly and adequately represented the class. Thus, the judgment has res judicata effect for the entire class, resolving the common issues and claims for all class members. Importantly, class members who have been given proper notice of the class action and a right to exclude themselves will not be bound if they choose to exclude themselves or “opt out” from the settlement in a timely manner. For Louisiana class actions seeking money damages, analogous to Federal Rule 23 (b)(3) classes, constitutional due process requires that absent class members receive notice and an opportunity to opt out of the class before judgment. Any members who valid- ly opt out are excluded from the class and not affected by the final judgment. Otherwise, all persons fitting the class definition and not opting out are treated as parties to the judgment. After the court renders a final judgment in a class action, no special enforcement mechanism is required beyond the ordinary procedures that apply to any civil judgment. For example, if the judgment awards mon- etary relief, the defendant is legally obligated to pay, and the class representatives, through class counsel, can use standard enforcement tools such as execut- ing on the judgment or establishing a claims process to ensure class members receive the relief. If the judg- ment grants injunctive or declaratory relief, it binds the defendant to the same extent as any court order, and the court can supervise compliance using its usual powers.
4. Legislative Reform 4.1 Policy Development
Adhering to standards set by the Louisiana Supreme Court and influenced by federal jurisprudence, more
351 CHAMBERS.COM
Powered by FlippingBook