VEKIC v. SHELL PIPELINE CO. LP

No. 2008-C-1469.

33 So.3d 182 (2009)

Nikola VEKIC, et al. v. SHELL PIPELINE COMPANY LP, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Amending Opinion on Rehearing February 17, 2009.


Attorney(s) appearing for the Case

Mary S. Johnson, Jill T. Losch, Mandeville, LA, S. Suzanne Mahoney, New Orleans, LA, Thomas M. McNamara, Patrick W. Gray, Amy Allums Lee, Johnson Gray McNamara, LLC, Lafayette, LA, Carol W. Reisman, Kelly T. Scalise, Liskow & Lewis, New Orleans, LA, for Shell Pipeline Company LP, Shell Pipeline GP LLC, Shell Oil Company, Alford Services, Inc., Hotwork I, LLC, and Broussard Brothers, Inc.

Corey E. Dunbar, George Pivach, II, Belle Chasse, LA, for Plaintiffs.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge MAX N. TOBIAS, JR., Judge EDWIN A. LOMBARD).


MAX N. TOBIAS, JR., Judge.

The issue we are asked to decide is whether plaintiffs who file suit in state district court after a class action on the same issue is filed in federal court, but prior to class certification and the commencement of the opt-out period, successfully opts out of the federal class action suit when those plaintiffs fail to formally notify the federal court that they are opting out of the class.

Nikola Vekic, Ante Lepetich, and Mato Lepetich...

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