CHAPTER 5. CLASS AND DERIVATIVE ACTIONS SECTION 1. CLASS ACTIONS Art. 591. Prerequisites; maintainable class actions A. One or more members of a class may sue or be sued as representative parties on behalf of all, only if: (1) The class is so numerous that joinder of all members is impracticable. (2) There are questions […]
Art. 592. Certification procedure; notice; judgment; orders A.(1) Within ninety days after service on all adverse parties of the initial pleading demanding relief on behalf of or against a class, the proponent of the class shall file a motion to certify the action as a class action. The delay for filing the motion may be […]
Art. 593. Venue A. An action brought on behalf of a class shall be brought in a parish of proper venue as to the defendant. B. An action brought against a class shall be brought in a parish of proper venue as to any member of the class named as a defendant. Acts 1989, No. […]
Art. 593.1. Class actions; lis pendens A. When two or more actions requesting the certification of a class pursuant to Article 591 are filed in two or more Louisiana courts regarding the same transaction or occurrence at the same location, and such classes, if certified, would encompass one or more of the same plaintiffs suing […]
Art. 593.2. Class actions; forum non conveniens Notwithstanding the provisions of Article 123, within thirty days of the certification of a class under Article 591 by a different Louisiana court regarding the same transaction or occurrence and encompassing one or more of the same plaintiffs suing in the same capacities against one or more of […]
Art. 594. Dismissal or compromise A.(1) An action previously certified as a class action shall not be dismissed or compromised without the approval of the court exercising jurisdiction over the action. (2) Notice of the proposed dismissal of an action previously certified as a class action shall be provided to all members of the class, […]
Art. 595. Award of expenses of litigation; security for costs A. The court may allow the representative parties their reasonable expenses of litigation, including attorney’s fees, when as a result of the class action a fund is made available, or a recovery or compromise is had which is beneficial, to the class. B. The court, […]
Art. 596. Prescription; suspension A. Liberative prescription on the claims arising out of the transactions or occurrences described in a petition brought on behalf of a class is suspended on the filing of the petition as to all members of the class as defined or described therein. Prescription which has been suspended as provided herein, […]
Art. 597. Effect of judgment A definitive judgment on the merits rendered in a class action concludes all members of the class, whether joined in the action or not, if the members who were joined as parties fairly insured adequate representation of all members of the class.
