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54 La. L. Rev. 497 (1993-1994)
Louisiana Conflicts Law: Two Surprises

handle is hein.journals/louilr54 and id is 511 raw text is: Louisiana Conflicts Law: Two Surprises Symeon C. Symeonides TABLE OF CONTENTS 1. Surprise # 1: Louisiana Has Always Had Choice-of-Law Legislation . ........................................ 497 II. Surprise # 2: Louisiana Has a New Comprehensive Law on Choice of Law ..................................... 502 A. The New Law .................................. 502 B. Cases Decided Under the New Law ................... 505 1. Tort Conflicts ............................... 505 a. Issues of Loss Distribution .................... 505 b. Issues of Conduct and Safety .................. 513 c. Products Liability and Punitive Damages .......... 517 2. Contract Conflicts ............................. 522 3. Workers' Compensation Conflicts .................. 527 4. Liberative Prescription Conflicts ................... 530 a. The Old Law ............................. 531 b. Lessons Derived from Experience and Comparison ... 537 c. The New Law ............................ 539 i. The New Basic Rule ..................... 539 ii. The First Exception: Actions Barred by the Lex Fori but not by the Lex Causae .......... 540 iii. The Second Exception: Actions Barred by the Lex Causae but not by the Lex Fori .......... 545 C. Some Interim Conclusions .......................... 548 I. SURPRISE # 1: LOUISIANA HAS ALWAYS HAD CHOICE-OF-LAW LEGISLATION The above statement is, of course, not new. Although it may be surprising to some out-of-state lawyers, it should not be surprising to any Louisiana lawyer. Copyright 1994, by LOUISIANA LAW REVIEW. Copyright 1994, by Symeon C. Symeonides. * Judge Albert Tate Professor of Law and Vice Chancellor, LSU Law Center; Reporter, Conflicts Codification, Louisiana State Law Institute; LL.B. 1972, LL.B. 1973 Aristotelian University of Thessaloniki (Greece); LL.M. (1974), S.J.D. (1980) Harvard University Law School. The author acknowledges the able editorial assistance of J.E. Cullens, Jr. and Karen Daniel of the LSU Law Class of 1994.

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