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Following the legislature's adoption of Title X, Louisiana courts expounded two major purposes for concursus, both of which protect the stakeholder, (84) The primary purpose of the procedure is to prevent the stakeholder from multiple liability, (85) Second, the procedure is meant to prevent the stakeholder from vexatious litigation, (86) These two protective policy concerns prevent the stakeholder from having to make legal conclusions regarding the legitimacy of competing claims, (87) The modern courts interpret the codified concursus proceeding in Louisiana as a liberal procedural tool.
As demonstrated by the aforementioned judicial reasoning, concursus is crucial in the oil and gas industry because a drilling company faced with competing claims can enter the fund into the registry of the district court and begin a concursus in order to prevent multiple liability or vexatious litigation. Moreover, by use of concursus, drilling companies subject to competing claims can continue to operate.
The problem stems largely from the fact that, in efforts to prevent vexatious litigation or "strike suits," Congress and the courts have eliminated nearly all holder actions--rather than merely the frivolous ones.
Intimidation has many incarnations, and today it may be more likely to take the form of vexatious litigation than of physical violence.
They are also less likely to engage in vexatious litigation and less likely to find themselves embroiled in controversies with regulators, shareholders, employees and creditors, all of which can consume the professional's time--often without reimbursement.
Apparently to prevent vexatious litigation and inconsistent results, this Article provides that in parallel proceedings, the court where the first action was filed must determine whether it is competent to hear the case.
A normal trial takes a decade to reach its logical conclusion and a rather significant portion of people who have been the victim of vexatious litigations do not hold the judges in high esteem.
It stressed the need to escalate mass actions against the government, demanding the government to release the political detainees and convicts, stop the vexatious litigations against political activists and readmit dismissed university students.