Udomeh v. Joseph

The issue before the Supreme Court in this case centered on whether an alleged biological father could bring a wrongful death and survival action for his illegitimate child, where the father did not file a timely avowal action, but filed his wrongful death and survival petition to assert his paternity within the peremptive period of La. Civ. Code art. 198. In resolving this issue, the Court had to decide whether the filiation requirements of La. Civ. Code art. 198 applied to actions under La. Civ. Code arts. 2315.1 and 2315.2. Upon review, the Court concluded that while the alleged was required to file an avowal action in order to bring a wrongful death and survival action, under Louisiana’s fact-pleading system, his petition pled sufficient facts to state an avowal action. View "Udomeh v. Joseph" on Justia Law