Louisiana

More child abuse victims can sue after Louisiana Supreme Court reversal • Louisiana Illuminator

Published

2 weeks ago

June 13, 2024

More child abuse victims can sue after Louisiana Supreme Court reversal • Louisiana Illuminator

Adults abused as children decades ago will be able to sue over the mistreatment under a Louisiana Supreme Court ruling released Wednesday.

Justices overturned their decision from March that declared a “lookback window” for lawsuits over older child abuse allegations unconstitutional. Now such cases can move forward.

The new ruling likely creates greater liability for the Catholic Church and other organizations accused of systemic child exploitation over decades. It could also affect individual schools, summer camps and other institutions that tolerated misconduct toward minors.

“I am thankful that the Court saw the error in its original opinion and was willing to reconsider this matter and find the Lookback Window to be constitutional,” Frank Lamothe, a New Orleans attorney who represents child abuse survivors in lawsuits against the Catholic Church, said in a written statement. “This is a victory for the survivors of child sex abuse.”

The court’s change of heart is also a political victory for Attorney General Liz Murrill, who put the justices under public pressure to reconsider the initial ruling. In April, she asked for a rehearing on the issue.

“These child victims of sexual abuse deserve their day in court,” Murrill said in a written statement Wednesday after the new ruling. “It’s very rare for the Supreme Court to grant rehearing and reverse itself. I’m grateful to the Court for giving such careful attention to an issue that is so deeply troubling and personal for so many victims of abuse.”

A case brought against the Catholic Diocese of Lafayette led to the justices’ ruling. A group of plaintiffs sued over alleged abuse at the hands of a priest in the 1970s. The diocese maintained the accusations were too old to be pursued.

The Legislature voted in 2021 to let adult survivors of child abuse file claims for damages for three years — from June 14, 2021 to June 14, 2024 — if the deadline to do so had previously expired.

This was expected to allow people abused prior to the early 1990s, but who had never come forward with a legal challenge, to do so.

The Lafayette diocese pushed back on the law, saying legislators never intended to allow old allegations dating back to the 1970s to be examined. They also argued allowing older accusations to come forward would be a violation of due process, because witnesses and documents related to abuse claims might longer be available.

The Legislature disagreed. It unanimously passed a clarifying law in 2022, stating its intent to allow for civil lawsuits over decades-old abuse. Earlier this year, lawmakers also unanimously approved a resolution, sent to each Supreme Court justice, restating their desire to see older abuse allegations be brought forward in court.

In the ruling released Wednesday, justices writing for the majority acknowledged as much.

“[T]he conclusion is unassailable: the legislature intended retroactive application of the law,” Chief Justice John Weimer said in his opinion.

Weimer also agreed with the lawmakers’ reasoning for establishing a three-year lookback period. Many victims take years to come to terms with their mistreatment as youth.

“Child sexual abuse is a unique tort in which the average victim does not come forward until they are 52 years old,” Weimer wrote. “For many victims of child sexual abuse, the revival provision represents their first and only opportunity to bring suit. Providing that opportunity to those victims is a legitimate legislative purpose.”

Justices Weimer, John Crain and Jay McCallum voted in favor of upholding the lookback window twice, in March and this week. Justices Scott Crichton and Piper Griffin reversed themselves, initially throwing out the lookback period in March but voting to reinstate it this week.

Justices James Genovese and Jeff Hughes opposed the lookback window both times, saying the Legislature was overstepping its bounds by passing the law.

“I am very concerned about this majority ruling on rehearing granting unbridled authority to the legislature to enact legislation which supersedes and tramples our constitution,” Genovese wrote.

The confusion over the 2021 law prompted the Legislature to make yet another legal change this year. Last month, they unanimously passed an extension to the lookback window, which will allow abuse survivors to file lawsuits until June 14, 2027.

Advocates for child abuse victims said some people have held back on filing lawsuits while the court deliberated whether the lookback period would stand.

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Louisiana

Texas vs. Louisiana Monroe Week 4 Preview: Keys to the Game

Published

2 hours ago

June 27, 2024

Press Room

Texas vs. Louisiana Monroe Week 4 Preview: Keys to the Game

For the first time in two years and the third time overall, Texas will face Louisiana Monroe in what could be another day at practice for the Longhorns if the Warhawks admit their defeat from the get-go.

Texas powered over ULM in both of their previous meetings, having an advantage of nearly 40 points in both games. The Longhorns stand as one of the most difficult opponents for the Warhawks, as the ULM football schedule ranks fourth from last in college football toughness, while Texas ranks within the top three.

However, a spotlight for ULM has been put on its new head coach Bryant Vincent, and the talent he newly signed back in February. Vincent carries vast coaching experience in offense, and his expertise will be necessary in order for the Warhawks to see a higher-scoring game this time around.

This year will mark Vincent’s debut for the team and his first time in Austin, where the intimidating atmosphere of Darell K. Royal Stadium awaits. But with returning rushing yards leader Hunter Smith in his rotation, who is familiar with the environment after playing against Texas in 2022, Vincent won’t be left completely in the dark.

Texas is looking to be the obvious favorite for this matchup, but anything can happen in college football. Here are the keys for each team in order to secure a win in week 4.

…it shows up.

The Longhorns are overqualified for the job at hand, but that should be even more of a reason to go in for another dominating win rather than take it as an excuse to be sloppy and relaxed on the field. Head coach Steve Sarkisian shouldn’t automatically see the Warhawks as an “easy” opponent and should take this opportunity to show what his team is capable of in all areas of the game.

Another home-field advantage for Texas will also be helpful in making sure that the Longhorns stay in their element and stay focused, so fans should still show up and make the stadium loud and proud.

…fate intervenes for the Warhawks.

ULM is going to have to rebuild with the introduction of Vincent at the helm, and it could take years for the Warhawks to make an impression in the college football world. Heavy preparation will be necessary just to go up against Texas alone, and it’s unlikely that Vincent will turn around his program in just a few months.

But a win for the Warhawks is still possible if they put their best players on the field, such as Smith, Carl Glass Jr., and potential quarterback Hunter Herring. Texas would also have to make some notable errors on both offense and defense for ULM to get the lead or the win.

A victory for ULM would be historic in all aspects, while a loss for Texas would leave a devastating situation for a top tier team.

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Louisiana

Are unemployment rates declining in Louisiana?

Published

10 hours ago

June 27, 2024

Press Room

Are unemployment rates declining in Louisiana?

BATON ROUGE, La. (KALB) – A report released by the Louisiana Workforce Commission on June 25 revealed how unemployment rates changed in Louisiana in May.

According to the LWC report, with data directly sourced from the Federal Bureau of Labor Statistics, the 2024 unemployment rate in Louisiana decreased to 4.1% from April to May.

The unemployment rate saw a total decrease of 0.2% when compared to April’s rate of 4.3%. Despite an improvement between months, the unemployment rate was lower in May 2023, sitting at 3.4%.

The number of unemployed workers in May of 2024 was 86,120 individuals, an increase of over 16,000 people since May 2023.

The industries with the highest increase in jobs between May of 2023 and 2024 were construction with 6,500 jobs, government with 3,600 and professional & business services with 1,600 jobs.

According to the LWC from May 2023 to May 2024:

Alexandria gained 600 jobs (61,900 jobs)
Baton Rouge gained 6,800 jobs (423,800 jobs)
Hammond gained 100 jobs (49,700 jobs)
Houma gained 900 jobs (85,900 jobs)
Lafayette gained 600 jobs (205,400 jobs)
Lake Charles gained 1,700 jobs (96,800 jobs)
Monroe lost 1,500 jobs (76,700 jobs)
New Orleans lost 1,700 jobs (565,700 jobs)
Shreveport lost 1,900 jobs (177,100 jobs)

All data cited from the Louisana Workforce Commission are ‘seasonally adjusted statistics’. Seasonally adjusted data are used to reflect how employment and unemployment measures change from month to month without the inclusion of season pattern influences such as holidays, agricultural harvests and school schedules.

You can view all unemployment data in Louisiana here.

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Louisiana colleges will soon see more freedom in how they set tuition and mandatory fees

Published

17 hours ago

June 26, 2024

Press Room

The following has been provided by the La Illuminator:

Louisiana Colleges will soon see more freedom in how they set tuition and mandatory fees, thanks to a bill that has now been put into law, without the governor’s signature.

House Bill 862 by Rep. Jason Hughes, D-New Orleans, would allow boards for Louisiana’s four university systems to set differential tuition for any graduate, professional or high-cost undergraduate programs. The bill would also give the boards complete control over mandatory fees.

The legislation was amended to align its effective date with a 2022 law that exempts certain graduate assistants from mandatory fees.

Differential tuition is an amount charged on top of base tuition for more expensive academic programs, such as lab-heavy curricula in science or engineering. The Board of Regents, the state oversight board for all higher education, would identify which programs are considered “high-cost.”

Louisiana requires a two-thirds of the Legislature to sign off on any tuition changes at its public colleges and universities. Most other states leave this decision up to higher education management boards.

Hughes’ bill would not allow university systems to raise fees and differential tuition more than 10% every two years. It also allows schools to lower tuition and fees without limits. The ability to lower tuition has been sought for some high-demand fields such as teaching. The bill would not have an impact on the cost of TOPS, which provides state-funded student aid to many Louisiana students, as the amount of the award is no longer directly tied to the cost of tuition.

The proposal also gives university systems control over mandatory fees for any program. Tuition and fees at Louisiana universities increased drastically during the 2010s, when the burden to finance higher education was shifted from the state to students.

Louisiana Illuminator is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Louisiana Illuminator maintains editorial independence. Contact Editor Greg LaRose for questions: info@lailluminator.com. Follow Louisiana Illuminator on Facebook and X.

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