Abandonment

The amendment to CCP Article 561(A)(2) governing abandonment of claims where the failure to take a step in the prosecution or disposition was a direct result of hurricanes Katrina and Rita should not be applied retroactively where the three year period had not run on August 26, 2005, but had tolled before the July 9, 2007, effective date of the amendment. Henry v SBA Shipyard, Inc., Third Circuit, No. CW 09-426 (11/10/09) (en banc; Cooks, Saunders and Gremillion, JJ, dissent) See also Morgan v La. Dept. of Pub. Saf. & Corr., Third Circuit, No. CA 08-750 (11/25/09)