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HB 1250

CIVIL/ACTIONS: Provides relative to actions against aerospace flight entities

2026 Regular Session Introduced by Jack McFarland

HB 1250 lets aerospace flight entities move to strike civil claims early if a plaintiff lacks a probability of success, staying discovery and shifting fees to losers.

Effective date: 08/01/2026.
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Bill Summary · HB 1250

Summary of HB 1250 (2026) – Louisiana Civil/Actions: Aerospace Flight Entities

Purpose and intent

HB 1250 adds a new provision to Louisiana law (enacting R.S. 9:2800.31) to address civil actions involving aerospace flight activities. The bill recognizes aerospace flight activities as a public-interest matter and creates a specialized procedural mechanism—a “special motion to strike” (akin to anti-SLAPP provisions)—to potentially limit litigation costs and enable early dismissal of claims that lack a substantial likelihood of success.

Key definitions

  • Aerospace flight activities: Includes research, development, testing, manufacture, preparation, launch, operation, reentry, descent, landing, post-landing recovery, fueling, integration, conditioning, and transport of aerospace vehicles, payloads, equipment, and related ground support, including overflight or on-site activities.
  • Aerospace flight entity: Any person or entity conducting aerospace flight activities, that holds or operates under a valid FAA license/permit/authorization as required by federal law, and includes its employees, officers, directors, agents, contractors, manufacturers, suppliers, owners/lessors of property used for these activities, and public entities with related relationships.

Main provisions

  • Special motion to strike (Subsection C):

    • A civil claim against an aerospace flight entity arising from an act related to aerospace flight activities is subject to a special motion to strike unless the plaintiff proves, at least, a probability of success on the claim.
    • The court’s determination is based on pleadings and affidavits presenting the facts on liability/defense.
    • If the court finds a probability of success, that determination is admissible as evidence in later proceedings.

  • Prevailing party fees (Subsection D):

    • The party that prevails on the motion to strike is entitled to reasonable attorney fees and costs.

  • Timing and filing (Subsection E):

    • The motion to strike may be filed within 90 days after service of the petition, or later at the court’s discretion.
    • If the plaintiff voluntarily dismisses the action before the response delays run, the aerospace flight entity retains the right to file the motion within the applicable delays.
    • The motion must be heard within a specified timeframe (not more than 30 days after service, unless court conditions require a later hearing).

  • Discovery stay (Section F):

    • All discovery is stayed upon filing of the motion to strike and remains stayed until the order on the motion is entered, with the court able to lift or modify the stay for good cause.

  • Exceptions (Section G):

    • The provisions do not apply to enforcement actions brought by the State of Louisiana through the attorney general, district attorney, or city attorney acting as a public prosecutor.

Who is affected

  • The measure primarily affects plaintiffs and defendants in civil actions involving aerospace flight activities, particularly those who might bring claims against aerospace flight entities (and related individuals or public entities facilitating such activities).
  • Public entities that facilitate aerospace activities may be included as “aerospace flight entities” under the definition.

Procedural and timeline notes

  • The bill specifies a 90-day window (or later at court discretion) to file the motion to strike.
  • Discovery is automatically stayed pending the motion’s outcome, with potential limited exceptions for good cause.
  • A successful motion to strike shifts procedural leverage toward the defense by limiting discovery costs and potentially disposing of claims early.

Overall impact

HB 1250 aims to reduce frivolous or burdensome litigation in the aerospace sector by enabling early dismissal mechanisms and shifting certain costs to claimants who cannot show a probability of success. It balances public-interest considerations with the need to protect licensed aerospace entities from undue litigation costs while preserving the ability to pursue legitimate claims. It does not apply to state enforcement actions.

Compiled from official sources — confirm details with the bill’s official record.

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