Key Takeaways

• On June 13, the Louisiana Supreme Court vacated a prior decision, finding now that citizens who were sexually abused as minors whose claims were time barred can bring suit against responsible parties

• The deadline for bringing suit will be June 14, 2027

• Insurers should anticipate an influx of claims through the expiration of the provisions of the statute

On June 13, 2024, the Louisiana Supreme Court vacated its prior decision deeming the revival provisions of Section 2 of 2021 La. Acts 322 and Section 2 of 2022 La. Acts 386 unconstitutional, finding now that the legislature’s revival of prescribed causes of action for sexual abuse of minors comports with substantive due process.

The revival provisions at issue were initially passed in 2021 and amended in 2022, and permitted victims of childhood sexual abuse whose claims were barred by liberative prescription to bring suit against responsible parties on or before June 14, 2021. The statute was subsequently amended to extend that deadline to June 14, 2027.

In March 2024, the Supreme Court deemed the revival provisions unconstitutional because they were in conflict with the due process protections set forth in the Louisiana Constitution. In May, the Supreme Court granted rehearing, and thereafter vacated its decision.

In vacating its decision, the court focused on its substantive due process analysis, holding now that:

Given Louisiana’s legitimate interest in protecting its citizens who were sexually abused as minors and providing them with the ability to seek redress in the courts, and the narrowly tailored nature of the relief provided – the legislation revives, for a short period of time, for a narrow category of tort victims, actions otherwise prescribed – it is clear that defendants have failed to satisfy the “heavy burden” of proving the unconstitutionality of the revival provision.

As a result of the court’s holding, insurers can anticipate an influx of claims through the expiration of the revival provisions of the statute.

If you have questions about how this impacts your business, please contact:

• Adam R. Durst
• Jeffrey L. Kingsley
• Jonathan Schapp
• Richard A. Galbo
• Or another member of our Global Insurance Services team.