Terms Used In Louisiana Civil Code 2315.9

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.

            A. In addition to general and special damages, a prevailing plaintiff shall also be awarded court costs and reasonable attorney fees in the appropriate district or appellate court upon proof that the injuries on which the action is based were caused by an act of terror or terrorism resulting in injury to the person or damage to the person’s property, regardless of whether the defendant was prosecuted for his acts.

            B. The rights and remedies provided by this Article are in addition to any other rights and remedies provided by law.

            C. As used in this Article, the terms shall be defined as follows:

            (1) “Act of terror” or “terrorism” means the commission of any of the acts occurring primarily in this state and as enumerated in this Subparagraph, when the offender has the intent to intimidate or coerce the civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by intimidation or coercion:

            (a) Intentional killing of a human being.

            (b) Intentional infliction of serious bodily injury upon a human being.

            (c) Kidnapping of a human being.

            (d) Aggravated arson upon any structure, watercraft, or movable.

            (e) Aggravated criminal damage to property.

            (2) “Terrorist” means a person who knowingly does any of the following:

            (a) Commits an act of terror.

            (b) Acts as an accessory before or after the fact, aids or abets, solicits, or conspires to commit an act of terror.

            (c) Lends material support to an act of terror.

            D. Upon motion of the defendant or upon its own motion, if the court determines that any action alleging an act of terror is frivolous or fraudulent, the court shall award costs of court, reasonable attorney fees, and any other related costs to the defendant and any other sanctions and relief requested pursuant to Code of Civil Procedure Article 863.

            E. An action under the provisions of this Article shall be subject to a liberative prescriptive period of two years.

            Acts 2015, No. 337, §1.