CIVIL/ACTIONS: Provides relative to actions against aerospace flight entities

New hurdles for lawsuits against aerospace entities

Louisiana law creates an early dismissal process for claims against aerospace flight entities over acts connected with a public issue. The law identifies aerospace flight activities as a public issue. These activities cover aircraft and spacecraft research, development, testing, manufacturing, preparation, launch, flight, landing, and recovery. They also include fueling, equipment handling, transporting people or goods, and ground support, including off-site work and overflight. Covered entities must hold or operate under federal aviation authorization when federal law requires it. Coverage extends to their employees, officers, directors, agents, contractors, manufacturers, suppliers, and vendors. It also covers owners and lessors of property used for these activities, plus public entities that help through contracts or operations. A special motion to strike seeks dismissal unless the person suing shows a probability of success. The court considers court filings and sworn statements from both sides. A finding that the claim has a probability of success is admissible as evidence later in the case. The motion is generally due within 90 days after the petition is served; courts can allow later filing. Early voluntary dismissal before the answer deadline does not remove the entity's right to file within that window. The hearing must be scheduled within 30 days after service of the motion, unless the court's docket requires more time. Filing notice of the motion pauses discovery, the process for gathering evidence, until notice of the court's ruling is entered. On a noticed request showing good cause, the court can allow specific discovery. The winning party on the motion receives reasonable attorney fees and costs. The rule excludes state enforcement cases brought by the attorney general, district attorneys, or city attorneys acting as public prosecutors.