In Re Pastorek, 944 So. 2d 564 (La. 2006). · Go Syfert
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In Re Pastorek, 944 So. 2d 564 (La. 2006). Cases Citing This Book View Copy Cite
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cited 4× by 4 distinct cases, 2007–2018 · 3 courts · …proof is sufficient to constitute a preponderance when the entirety of the evidence, both direct and circumstantial, shows the fact sought to be proved is more probable than not. at p. 578 ⚠ not in text
cited 3× by 3 distinct cases, 2013–2018 · 2 courts · …the threshold issue in any negligence action is whether the defendant owed the plaintiff a duty, and whether a duty is owed is a question of law. ⚠ not in text
213 citation events (213 in the last 25 years) across 7 distinct courts.
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
discussed Cited as authority (rule) Great Lakes Insurance SE, et al. v. La Marche Manufacturing Co., et al.
E.D. La. · 2026 · confidence medium
C. art 2315, 2316. 38 Bufkin v. Felipe's Louisiana, LLC, 171 So. 3d 851, 855 (La. 10/15/14). 39 Hanks v. Entergy Corp., 944 So. 2d 564, 579 (La. 12/18/06). superintendent in charge of the installation testified that he had no reason to believe the battery was installed improperly and that he had no reason to believe that the charger was installed differently from the way that Atalco had previously approved.40 Blake Allen, the modernization manager for Atalco, testified similarly.41 In addition, neither the Root Cause Analysis Report commissioned by Atalco in the aftermath of the outage nor the…
discussed Cited as authority (rule) Preston Lewis v. Jonathan Friedman, et al.
E.D. La. · 2026 · confidence medium
Doc. 198 at 3. 26 Farrell v. Circle K Stores, Inc., 359 So. 3d 467 , 473 (La. 2023). 27 Hanks v. Entergy Corp., 944 So. 2d 564, 579 (La. 2006). 28 Farrell, 359 So. 3d at 473. are accepted as true, Plaintiff has only alleged that the Defendants failed to do certain acts in connection with the state-court forfeiture proceeding involving Plaintiff's property.” And yet, by his own allegations, Plaintiff was successful in his state-court forfeiture proceeding, and the state court ordered the return of his property.*° For these reasons, Plaintiff has failed to state a plausible negligence claim a…
cited Cited as authority (rule) Shaquana Harvey, Individually and in Her Capacity as the Natural Tutrix of Jaden Harvey v. Eric Wayne Hamby, Plaquemines Parish Sheriff's Office, Through Gerald A. Turlich, Jr., Sheriff, and American Alternative Insurance Corporation
La. Ct. App. · 2023 · confidence medium
Id., 2006-744 at p. 21, 944 So. 2d at 579. 11 a.
cited Cited as authority (rule) Sylvia Ellis v. Louisiana Casino Cruises, Inc dba Hollywood Casino Baton Rouge and Helmsman Management Services, LLC
La. Ct. App. · 2021 · confidence medium
Hanks, 944 So. 2d at 580.
examined Cited as authority (rule) Lovie Marshall, as curator obo Ezekiel Blakes, Sr., and Ezekiel Blakes, Jr. and Tashall Jones, individually v. Jean Paul Palmer, XYZ Insurance Company, John Doe, Baton Rouge Police Department, Baton Rouge Police Department Chief Jeff LeDuff, City of Baton Rouge/Parish of East Baton Rouge, Richard Coleman, Interstate Brands Corporation, Miasha Pitts, U.S. Agencies (4×) also: Cited "see"
La. Ct. App. · 2021 · confidence medium
Hanks, 944 So. 2d at 580.
discussed Cited as authority (rule) Coleman v. BP Exploration and Production, Inc. (2×)
S.D. Tex. · 2020 · confidence medium
La. 2018) (quoting Hanks v. Entergy Corp., 944 So. 2d 564, 579 (La. 2006)). 26 Mundy v. Dep’t of Health & Hum.
cited Cited as authority (rule) Bordenave v. Delta Air Lines, Inc
M.D. La. · 2020 · confidence medium
Co. v. Tompkins, 304 U.S. 64, 78 , 58 S.Ct. 817, 822 , 82 L.Ed. 1188 (1938). 22 Hanks v. Entergy Corp., 944 So.2d 564, 579 (La. 2006). 23 See, Causer v. Ard, Civ.
cited Cited as authority (rule) Tilson v. DISA, INC.
M.D. La. · 2019 · confidence medium
Dept. of Transp. and Dev., 916 So. 2d 87, 101 (La. 2005). 70 Hanks v. Entergy Corp., 944 So. 2d 564, 578 (La. 2006). 71 Rec.
discussed Cited as authority (rule) Stark v. Home Depot USA, Inc.
E.D. La. · 2019 · confidence medium
P. 56(a). 16 Gray v. Powers, 673 F.3d 352, 354 (5th Cir.2012) (citation and quotation marks omitted). 17 Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). substandard conduct was a cause-in-fact of the injuries; (4) the defendant's substandard conduct was a legal cause of the injuries; and (5) proof of actual damages.18 Both Louisiana courts and federal courts applying Louisiana law routinely grant motions for summary judgment dismissing tort claims when plaintiffs cannot produce evidence of all five elements.19 Home Depot argues that it had no duty t…
discussed Cited as authority (rule) Scott v. Mandeville City
E.D. La. · 2019 · confidence medium
La. 2013) (citing Hanks v. Entergy Corp., 944 So.2d 564, 579 (La.2006)). 27 Id. (citing Mathieu v. Imperial Toy Corp., 646 So.2d 318 , 322–23 (La.1994)). 28 See id. (dismissing negligence claims against officers noting that there were no genuine issues of material fact regarding whether deputies who detained plaintiff acted reasonably under the circumstances).
discussed Cited as authority (rule) Kansas City Southern Rwy Co. v. Precision Land Lev
5th Cir. · 2018 · confidence medium
Ct. App. 1997). 29 Cf. id. (testimony indicated principal may have knowingly authorized independent contractor to operate machinery unsafely and without insurance). 30 Milbert v. Answering Bureau, Inc., 120 So. 3d 678, 687-88 (La. 2013) (quoting Hanks v. Entergy Corp., 944 So. 2d 564, 579 (La. 2006)) (requiring a plaintiff asserting a negligence claim to prove: “(1) whether the defendant had a duty to conform his conduct to a specific standard of care; (2) whether the defendant’s conduct failed to conform to the appropriate standard of care; (3) whether the defendant’s substandard conduc…
discussed Cited as authority (rule) Skillman v. Riverside Baptist Church of Jefferson Parish
La. Ct. App. · 2015 · confidence medium
Co., supra at 819, this Court reiterated the standard of review for determining when a JNOV has been properly granted: A JNOV is warranted when the facts and inferences point so strongly and overwhelmingly in favor of one party that the court believes that reasonable jurors could not arrive at a contrary verdict.
discussed Cited as authority (rule) Elphage v. Gautreaux
M.D. La. · 2013 · confidence medium
Negligence The plaintiffs’ negligence claims are subject to Louisiana’s “duty/risk analysis, which entails five separate elements: (1) whether the defendant had a duty to conform his conduct to a specific standard (the duty element); (2) whether the defendant’s conduct failed to conform to the appropriate standard (the breach element); (3) whether the defendant’s substandard conduct was a cause-in-fact of the plaintiffs injures (the cause-in-fact element); (4) whether the defendant’s substandard conduct was a legal cause of the plaintiffs injuries (the scope of liability or scope o…
discussed Cited as authority (rule) State v. 2002 Chevrolet Trail Blazer
La. · 2012 · confidence medium
Hanks v. Entergy Corp., 06-0477, p. 19 (La.12/18/06), 944 So.2d 564, 578 (“Proof is sufficient to constitute a preponderance when the entirety of the evidence, both direct and circumstantial, shows the fact sought to be proved is more probable than not.”).
discussed Cited as authority (rule) State v. 2002 Chevrolet Trail Blazer
La. Ct. App. · 2012 · confidence medium
App. 5 Cir. 7/9/98); 716 So.2d 446, 449 (quoting Crowell v. City of Alexandria Through Snyder, 558 So.2d 216 (La.1990)); Hanks v. Entergy Corp., 06-477, p. 19 (La.12/18/06); 944 So.2d 564, 578 (“Proof is sufficient to constitute a preponderance when the entirety of the evidence both direct and circumstantial, shows the fact sought to be proved is more probable than not.”).
cited Cited as authority (rule) WENDELBOE v. Exxon Shipping Co.
La. Ct. App. · 2009 · confidence medium
Hanks v. Entergy Corporation, 06-477, p. 14 n. 10 (La.12/18/06), 944 So.2d 564, 575, n. 10 (citation omitted).
cited Cited as authority (rule) Brown v. Floyd
La. Ct. App. · 2008 · confidence medium
Hanks, 06-477 at p. 23, 944 So.2d at 580.
discussed Cited "see" Robin Caronna and Joshua Caronna, Sr. v. Outdoor Living, LLC and/or Outdoor Living Pools, LLC, and Latham Pool Products, Inc.
La. Ct. App. · 2024 · signal: see · confidence high
See Hanks v Entergy Corp., 2006- 477 ( La. 12/ 18/ 06), 944 So. 2d 564 , 579 ( discussing the burden of proof in a negligence action where the plaintiff relies on circumstantial evidence). 2 most plausible explanation for what occurred, and no other mutually exclusive fact can as reasonably explain the outcome.
cited Cited "see" Keith L. Young v. Smitty's Supply, Inc.
La. Ct. App. · 2023 · signal: see · confidence high
See Hanks v. Entergy Corp., 2006- 0477 ( La. 1211$ 106), 944 So. 2d 564 , 580.
discussed Cited "see" Stephen Medwick, Maxwell Perry, Brandon Russell, and Scott Peluso v. MADCON Corporation
La. Ct. App. · 2022 · signal: see · confidence high
See Hanks v. Entergy Corporation, 2006- 477 ( La. 12/ 18/ 06), 944 So. 2d 564 , 580 ( In order to reverse a district court' s determination of a fact, a reviewing court must review the record in its entirety and find a reasonable factual basis does not exist for the finding, and further determine the record establishes the factfinder is clearly wrong or manifestly erroneous.).
cited Cited "see" Javier Saucedo v. Safeco Insurance Company of Oregon
La. Ct. App. · 2021 · signal: see · confidence high
See Hanks v. Entergy Corp., 2006- 477 ( La. 12/ 18/ 06), 944 So. 2d 564 , 580.
cited Cited "see" Small v. Rouse's Enterprises, LLC
La. Ct. App. · 2017 · signal: see · confidence high
See Hanks v. Entergy Corp., 2006-477 (La. 12/18/06), 944 So.2d 564, 580 .
cited Cited "see" Sullivan v. City of Baton Rouge
La. Ct. App. · 2015 · signal: see · confidence high
See Hanks, 944 So.2d at 580-81 .
cited Cited "see" Acadian Gas Pipeline System v. Nunley
La. Ct. App. · 2011 · signal: see · confidence high
See Hanks v. Entergy Corp., 2006-477 (La.12/18/06), 944 So.2d 564, fn. 5 ; Critton v. State, 43,328 (La.App. 2 Cir. 6/4/08), 986 So.2d 207 , writ denied, 2008-1493 (La.10/3/08), 992 So.2d 1019 .
discussed Cited "see" Buffman Inc. v. Lafayette Insurance Co. (2×)
La. Ct. App. · 2010 · signal: see · confidence high
See Hanks v. Entergy Corp., 06-0477, p. 24 (La.12/18/06), 944 So.2d 564, 581 ; Sistler v. Liberty Mut.
discussed Cited "see, e.g." Thibodeaux v. DISA Global Solutions, Inc.
M.D. La. · 2020 · signal: see also · confidence medium
Dept. of Transp. and Dev., 916 So. 2d 87, 101 (La. 2005); see also Lemann v. Essen Lane Daquiris, Inc., 2005-1095 (La. 3/10/06), 923 So. 2d 627 , 632–33. 56 Hanks v. Entergy Corp., 944 So. 2d 564, 578 (La. 2006). 63105 9 P. A threshold issue in any negligence action is whether the defendant owed the plaintiff a duty.57 Whether a duty is owed is a question of law.58 The question of duty requires the Court to consider the facts and circumstances of the case and decide whether or not a duty should be imposed as a matter of policy.59 To survive summary judgment at the threshold of a negligence a…
discussed Cited "see, e.g." Talbert v. Restoration Hardware, Inc.
La. Ct. App. · 2018 · signal: see also · confidence low
See also Hanks v. Entergy Corp., 2006-477 (La. 12/18/06), 944 So.2d 564 , 578 ("[p]roof is sufficient to constitute a preponderance when the entirety of the evidence, both direct and circumstantial, shows the fact sought to be proved is more probable than not.") The record is devoid of any evidence that Ozark in transporting the trailer, failed to exercise reasonable care.
discussed Cited "see, e.g." Caskey v. Merrick Construction Co. (2×)
La. Ct. App. · 2012 · signal: see also · confidence low
Southern Air Transport v. Gulf Airways, 215 La. 366 , 40 So.2d 787 (La.1949); see also Hanks v. Entergy Corp., 06-477 (La.12/18/06), 944 So.2d 564 .
cited Cited "see, e.g." State Farm Fire & Casualty Co. v. Delta Beverage Group Inc.
5th Cir. · 2010 · signal: see also · confidence medium
Rando v. Anco Insulations, Inc., 16 So.3d 1065, 1090 (La.2009) (internal citations omitted); see also Hanks v. Entergy Corp., 944 So.2d 564, 579 (La.2006); Benjamin ex rel.
cited Cited "see, e.g." Jones v. LIVINGSTON PARISH LAW ENFOR. DIST.
La. Ct. App. · 2007 · signal: see also · confidence low
See also Hanks v. Entergy Corp., 06-0477 (La.12/18/06), 944 So.2d 564 , 569 n. 5; Boudreaux v. State, Through Dept. of Transp. and Development, 01-1329 (La.2/26/02), 815 So.2d 7 , 11 n. 9.
Retrieving the full opinion text from the archive…
In re Joseph G. PASTOREK, II.
2005-OB-2336.
Supreme Court of Louisiana.
Dec 15, 2006.
944 So. 2d 564
Per Curiam.
Cited by 1 opinion  |  Published

ON APPLICATION FOR ADMISSION TO THE BAR

PER CURIAM.

Petitioner, Joseph G. Pastorek, II, successfully passed the essay portion of the Louisiana Bar Examination. However, the Committee on Bar Admissions ("Committee") declined to certify him for admission to the Bar based upon character and fitness concerns. On petitioner's application to this court, we appointed the Office of Disciplinary Counsel to conduct an investigation and appointed a commissioner to take character and fitness evidence. Following the proceedings, the commissioner filed his report with this court, recommending that petitioner be admitted to the practice of law. Neither petitioner nor the Committee objected to that recommendation.

Considering the commissioner's recommendation and the entire record of this proceeding, we conclude petitioner has satisfied his burden of proving that he has "good moral character" to be admitted to the Bar of this state. See Supreme Court Rule XVII, § 5(E). Accordingly, it is ordered that the application for admission be and hereby is granted.

TRAYLOR and KNOLL, JJ., would deny admission.