The Lamothe Law Firm is pleased to report that we have obtained an appellate ruling from the United States Court of Appeals for the Fifth Circuit which vacates a prior decision issued by U.S. District Judge Jay Zainey in Lousteau v. Holy Cross. Judge Zainey’s controversial prior ruling had struck down Act 322, a law which was passed by the Louisiana Legislature in 2021 for the purpose of reviving all previously time-barred child sexual abuse claims. Judge Zainey’s opinion claimed that Act 322 was unconstitutional, but the Fifth Circuit’s ruling on appeal reversed Judge Zainey’s opinion, explaining that the district court “should not have ruled on [Act 322’s] constitutionality.”
Lamothe Law Firm attorney Kristi Schubert, who argued at the Fifth Circuit Court of Appeals that Judge Zainey’s ruling was flawed, states the Fifth Circuit’s ruling is “a victory for sexual abuse survivors in Louisiana because it ensures that Judge Zainey’s erroneous ruling can no longer be relied upon by other courts.”
The Fifth Circuit’s ruling does not directly address the constitutionality of reviving time-barred child sexual abuse claims. Ultimately, it is the Louisiana Supreme Court, not the federal courts, that must determine the constitutionality of the revival window.
Frank Lamothe, Kristi Schubert and Julien Lamothe have won numerous verdicts and negotiated life-changing settlements representing their clients in claims of sexual abuse. Please contact Lamothe Law Firm as soon as possible to talk about your possible claim.