In a victory for Smith Stag clients, the Supreme Court of Louisiana recently advised the U.S. Fifth Circuit Court of Appeals on Louisiana law. Defendants had argued that La.Civ.Code. art. 2315.1 is preemptive. If true, this would mean the one-year limitations period for bringing suit on behalf of workers who died more than one year before their claims were filed is not suspended or tolled in any circumstance, including reasonable delays in making a connection between the death and TENORM exposure. However, the Supreme Court of Louisiana has clearly held that the period in Article 2315.1 is prescriptive. Therefore, the one-year limitation can be extended in certain circumstances.