In May et al v. Succession of Mayo Romero et al a Louisiana court of appeal denied the plaintiff’s efforts to suspend the running of liberative prescription in the face of peremptory exceptions. The discovery rule is one theory under which the doctrine of contra non valentum can save a late-filed lawsuit. Call it what you want, but opening a succession to investigate claims and sitting on those claims for 13 years is not likely to yield a beneficial result for the plaintiff.
Continue Reading Discovery Rule Can’t Save a Louisiana Succession’s Untimely Claim