House Bill 226

Appellate lawyers and class-action lawyers will want to keep an eye on House Bill 226. Recommended by the Louisiana State Law Institite, the bill would make several amendments to the Code of Civil Procedure provisions governing class actions and appeal of interlocutory judgments, including the following:

In class actions, require the trial judge to give written reasons for any judgment granting or denying class certification, if a party requests written reasons within 10 days of judgment.

Make all class-certification judgments appealable as of right, codifying Davis v. Jazz Casino Co., 849 So.2d 497 (La. 2003).

Authorize a trial judge to order a separate trial of insurance-coverage issues, whether or not all parties consent.

Provide that a motion to revive a judgment interrupts prescription on the judgment.

Delete the provision that an interlocutory judgment can be appealed if it may cause irreparable injury, substituting a provision that an interlocutory judgment is appealable only when expressly provided by legislation.

Posted by RPW at April 14, 2005 10:28 AM