Eastin v. Entergy Corp.

865 So. 2d 49, 2004 La. LEXIS 246, 2004 WL 225757
CourtSupreme Court of Louisiana
DecidedFebruary 6, 2004
Docket2003-C-1030
StatusPublished
Cited by62 cases

This text of 865 So. 2d 49 (Eastin v. Entergy Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eastin v. Entergy Corp., 865 So. 2d 49, 2004 La. LEXIS 246, 2004 WL 225757 (La. 2004).

Opinion

865 So.2d 49 (2004)

Willard A. EASTIN, Jr., et al.
v.
ENTERGY CORPORATION, et al.

No. 2003-C-1030.

Supreme Court of Louisiana.

February 6, 2004.

*51 Maria N. Alessandra, Kim M. Boyle, Joanne P. Rinardo, Louis L. Galvis, Phelp & Dunbar, New Orleans; Keith M. Pyburn, Jr., Fisher & Phillips, New Orleans, Counsel for Applicant.

Linda S. Harang, New Orleans, and Thomas G. Wilkinson, Robert P. Early, Sr., Wilkinson & Grefer, Gretna; Stephen B. Murray, Robert J. Diliberto, Murray Law Firm, New Orleans, Counsel for Respondent.

TRAYLOR, Justice.

The plaintiffs relevant to this appeal (Eleven Plaintiffs), who were all between the ages of forty and seventy when terminated by the defendant companies, filed an age discrimination suit under the Louisiana Age Discrimination Employment Act (LADEA). Defendants filed an Exception of Prescription arguing each of the Eleven Plaintiffs were terminated more than one year before suit was filed. The trial court granted defendants' Exception of Prescription as to these plaintiffs. Plaintiffs appealed and the court of appeal reversed the trial court judgment based upon the doctrine of contra non valentem. 02-1119 (La.App. 5 Cir. 3/11/03), 844 So.2d 144. We granted defendants' writ to determine whether the claims of these Eleven Plaintiffs have prescribed.

FACTS AND PROCEDURAL HISTORY

On November 29, 1993, plaintiffs filed a petition for damages, declaratory relief, and sought class action status in the 24th Judicial District Court for the Parish of Jefferson under the LADEA. From January 1994 through April 24, 2000, plaintiffs filed seven subsequent supplemental and amending petitions, adding approximately two hundred additional plaintiffs to the suit.[1] Pursuant to an order by the trial *52 court, on May 31, 2001, plaintiffs filed their eighth supplemental and amending petition, to which defendants excepted on numerous grounds, including prescription, as to the claims of the Eleven Plaintiffs.

The trial court conducted a hearing on September 20, 2001. Finding that the Eighth Supplemental Petition contained "no allegation as to when each of those eleven plaintiffs knew, or reasonably should have known, of their claim." The trial court granted defendants' Exception of Prescription and ordered the plaintiffs "to amend their Petition to provide when each of the eleven plaintiffs' (sic) knew of their claim."

On October 23, 2001, plaintiffs filed their Ninth Supplemental and Amending Petition alleging for the first time when they suspected their severance were age-based.[2]*53 Defendants once again urged their Exception of Prescription as to the Eleven Plaintiffs. After hearing oral arguments on the prescription issue on August 21, 2001, the trial court granted defendants' Exception of Prescription and dismissed with prejudice the claims of the Eleven Plaintiffs by Partial Final Judgment on October 31, 2002. Plaintiffs appealed and the court of appeal reversed the trial court judgment based upon the doctrine of contra non valentem. We granted defendants' writ to determine whether the claims of these Eleven Plaintiffs have prescribed.

DISCUSSION

Prescription Issue

A cause of action based on age discrimination is a delictual action subject to a one year prescriptive period which commences the day the injury or damage is sustained. La. Civ.Code Ann. art. 3492. Under the two seminal United States Supreme Court cases, Chardon v. Fernandez, 454 U.S. 6, 102 S.Ct. 28, 70 L.Ed.2d 6 (1981) and Delaware State College v. Ricks, 449 U.S. 250, 101 S.Ct. 498, 66 L.Ed.2d 431 (1980), and their progeny, it is well settled that the damage is sustained *54 in any employment discrimination case at the earlier of the date the employee is informed of his termination or his actual separation from employment. Chardon, 454 U.S. at 8, 102 S.Ct. 28; Ricks, 449 U.S. at 258, 101 S.Ct. 498; Sturniolo v. Sheaffer, Eaton, Inc., 15 F.3d 1023, 1025 (11th Cir.1994); Williams v. Conoco, Inc., 860 F.2d 1306 (5th Cir.1988); Merrill v. Southern Methodist Univ., 806 F.2d 600 (5th Cir.1986); Morris v. Government Development Bank of Puerto Rico, 27 F.3d 746 (1st Cir.1994); Rivera-Muriente v. Agosto-Alicea, 959 F.2d 349, 352 (1st Cir.1992); Winbush v. Normal Life of Louisiana, 599 So.2d 489, 491 (La.App. 3 Cir.1992). These courts have correctly reasoned that the discriminatory act and, hence, the damages occur upon the employee's first notice of the adverse employment action. Ricks, 449 U.S. at 258, 101 S.Ct. 498.[3]

In both Ricks and Chardon, the United States Supreme Court determined that suits brought more than one year from the date of notice of the termination are time barred as "the proper focus is on the time of the discriminatory act not the point at which the consequences of the act become painful." Ricks, 449 U.S. at 258, 101 S.Ct. 498; Chardon, 454 U.S. at 8, 102 S.Ct. 28. Therefore, under the Ricks/Chardon analysis, prescription begins to run when the termination decision has been made and conveyed to the employee, even if the employment does not cease until a future date. Id.

For the above reasons, we adopt the Ricks/Chardon rule that the plaintiff sustains damage in a non-continuing discrimination case when the discriminatory decision is made and communicated to the employee. Consequently, in the instant case, the prescriptive period of one year began to run for each of the Eleven Plaintiffs on the dates each of them were notified of their respective terminations. Therefore, the claims of all Eleven Plaintiffs are prescribed on the face of the petition as they each waited more than one year from the date the allegedly discriminatory decisions were made and communicated to them before joining the suit.

When an exception of prescription is filed, ordinarily, the burden of proof is on the party pleading prescription. Lima v. Schmidt, 595 So.2d 624, 628 (La.1992). However, if prescription is evident on the face of the pleadings, as it is in the instant case, the burden shifts to the plaintiff to show the action has not prescribed. Id.; Younger v. Marshall Ind., Inc., 618 So.2d 866, 869 (La.1993); Williams v. Sewerage & Water Bd. of New Orleans, 611 So.2d 1383 (La.1993). Barring any tolling, the Eleven Plaintiff's claims are prescribed.

Plaintiffs argue that they could not know of the discrimination until they knew of the defendants' illegal motives, or the "animus," behind their terminations. In Morris, 27 F.3d 746, the plaintiff made the same argument and the Morris

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865 So. 2d 49, 2004 La. LEXIS 246, 2004 WL 225757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eastin-v-entergy-corp-la-2004.