Opinion
No. 2022-CC-00829
10-04-2022
Sam DOE v. The SOCIETY OF THE ROMAN CATHOLIC CHURCH OF THE DIOCESE OF LAFAYETTE
Writ application granted. See per curiam.
Hughes, J., would deny.
PER CURIAM
The writ is granted for the sole purpose of remanding the case to the court of appeal for briefing, argument, and full opinion.
In its opinion, the court of appeal should discuss whether the 2021 amendment to La. R.S. 9:2800.9 manifested an express intent to revive all claims prescribed under the prior law. See Cameron Par. Sch. Bd. v. ACandS, Inc ., 96-0895 (La. 1/14/97), 687 So.2d 84 ; Chance v. American Honda Motor Co., Inc. , 93-2582 (La. 4/11/94), 635 So.2d 177.
If the court determines the 2021 amendment has the effect of reviving the prescribed cause of action in this case, it should then address relator's alternative argument that such a result would unconstitutionally impair relator's vested right in the defense of liberative prescription.