Law Industries, LLC v. State of Louisiana, Department of Education, Recovery School District and Advanced Environmental Consulting, Inc.

LAW INDUSTRIES, LLC NO. 2023 CW 0143

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STATE OF LOUISIANA,
DEPARTMENT OF EDUCATION,
RECOVERY SCHOOL DISTRICT AND
ADVANCED ENVIRONMENTAL
CONSULTING, INC.

In Re: State of Louisiana, Department of Education, Recovery
School District, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 676874.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

IT GRANTED IN PART; DENIED IN PART. The trial court' s

January 11, 2023 judgment denying the State of Louisiana,
Department of Education, Recovery School District' s exception of
peremption is reversed. Louisiana jurisprudence has consistently
held that the prescriptive period for a private action pursuant
to the Louisiana Unfair Trade Practices Act (" LUTPA") is
peremptive. See CamSoft Data Systems, Inc. V. Southern
Electronics Supply, Inc., 2019- 0730 ( La. App. lst Cir. 7/ 2/ 19),
2019 WL 2865138 ( unpublished) , writs denied, 2019- 01232, 2019-
01436, 2019- 01349, ( La. 11/ 19/ 19). 282 So. 3d 1069, 1070, 1073.
In the present matter, Advanced Environmental Inc.
Consulting,
asserted a LUTPA claim against the State of Louisiana,
Department of Education, Recovery School District 6,
on July
2021, for actions that form the basis of its LUTPA claim that
transpired on or before July 16, 2018. We find that Advanced
Environmental Consulting, Inca' s LUTPA claim is perempted on the
face of its pleading. Accordingly, we reverse the portion of the
trial court' s judgment the
denying State of Louisiana,
Department of Education, Recovery School District' s exception of
peremption and grant same. We dismiss Advanced Environmental
Consulting, Inc.' s LUTPA claim against the State of Louisiana,
Department of Education, Recovery School District as perempted.
In all other respects, the writ is denied.

I
COURT OF APPEAL, FIRST CIRCUIT

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DEQ U— CLERK OF COURT
FOR THE COURT