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85 Tul. L. Rev. 865 (2010-2011)

handle is hein.journals/tulr85 and id is 871 raw text is: Unnecessary To Address?: Tackling the Louisiana Supreme Court's Open Question of Whether a Continuing Tort Can Suspend the Louisiana Unfair Trade Practices Act's One- Year Peremptive Period Justin M. Woodard* This Comment analyzes the open issue of whether a continuing tort can suspend the one- year peremptive penod for bnnging a claim under the Louisiana Unfair Trade Practices Act It begzns by tracking the development of the continuing tort doctrme in Louisiana juisprudence as a suspension pnnciple to both prescnptive and peremptive limtations peiods. Ater loolang at the application of continuing tort to statutoryperemptive periods, such as those provided by the Louisiana Medical MalpracticeActand Louisiana Legal Malpractice Act the Comment turns to the split in the Louisiana Courts of Appeal as to whether a continuing tort can suspend the Louisiana Unfair Trade PacticeActs one-yearperemptive period. In response to the Louisiana Supirme Courth recent decision hi Miller v. ConAgra, Inc., to leave the issue open, the Comment concludes that a contmuing tort should not, in fact, suspend this statutorypermptive period I. INTRODUCTION.......................................... 866 II. HISTORICAL BACKGROUND .................................... 868 A. Prescription and Peremption Under the Louisiana CiviLaw.......... ........... ..... ....868 B. Development of the Exceptions to Prescripdon................ 869 1. Interruption and Suspension .......... .....869 2. Contra Non Valentem .............. ..... 869 3. Continuing Tort................ ........871 I. LOUISIANA JURISPRUDENTIAL APPLICATION OF THE CONTINUING TORT DOCTRINE ......................... 872 A. South Central Bell Telephone Co. v. Texaco, Inc. and Its Progeny ........................... 872 B. Development ofStatutory Peremptive Penods and Application of the Contnuing Tort Doctrine by Loisiana Courts.......................... 873 * C 2011 Justin M. Woodard. J.D. candidate 2011, Tulane University School of Law; B.A. 2008, The University of the South. The author thanks Professor Thomas Flanagan for his inspiration, Erica Therio, Rob LeBlanc, Jonathan Phelps, Meghan Grant, and Lynn Becnel for their editing expertise, and his parents for their support. 865

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