Opinion

Jenkins v. Starns

  • 85 So. 3d 612
  • 2012 La. LEXIS 105
  • 2012 WL 182135
Court
Supreme Court of Louisiana
Filed
Jan 24, 2012
Status
Published
Author
Clark
On the bench
Johnson, Clark
Cited by
67 cases

describing the Louisiana doctrine of “contra non valentem agere non currit praescriptio, which means prescription does not run against a person who could not bring suit”

How later courts described this case

  • describing the Louisiana doctrine of “contra non valentem agere non currit praescriptio, which means prescription does not run against a person who could not bring suit”
  • “[W]e find La. R.S. 9:5605 clearly provides three peremptive periods . . . .”
  • identifying these three peremptive periods

Written by the judges who cited it.

Distinguished

  • Distinguished by Gibsland Bank & Trust Co. v. Kitchens, Benton, Kitchens & Black (APLC), 2013 La. App. LEXIS 938 (2013)

    The trial court, however, focusing solely on the fact that the instant case is not one of continuous representation, found that Jenkins was inapplicable and that the bank’s claim was not per-empted as the first reasonable notice of the law firm’s malpractice was the Second Circuit’s August 11, 2010, adverse ruling, and suit was filed within one year of that date.
    Louisiana Court of AppealMay 15, 2013Read it

The opinion

CLARK, Justice,

dissenting for reasons assigned by Justice JOHNSON.

hi dissent from the majority opinion for the reasons assigned by Justice Johnson.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.