In re Barber, 89 So. 3d 1145 (La. 2012). · Go Syfert
Search
In re Barber, 89 So. 3d 1145 (La. 2012). Cases Citing This Book View Copy Cite
G Cite
cited 5× by 4 distinct cases, 2022–2023 · 2 courts · …a quasi-contractual relationship is created between the unit operator and the unleased mineral interest owner with whom the operator has not entered into contract. at p. 1149 ⚠ not in text
cited 4× by 4 distinct cases, 2019–2022 · 3 courts · …generally, prescription statutes are strictly construed against prescription and in favor of the claim sought to be extinguished by it; thus, of two possible constructions, that which favors maintaining, as opposed to barring an action, should be adopted. ⚠ not in text
cited 3× by 3 distinct cases, 2013–2019 · 3 courts · …however, if prescription is evident on the face of the pleadings, the burden shifts to the plaintiff to show the action has not prescribed. ⚠ not in text
156 citation events (156 in the last 25 years) across 10 distinct courts.
Strongest positive: Johnson v. Chesapeake Louisiana, L.P. (ca5, 2023-11-27)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Johnson v. Chesapeake Louisiana, L.P.
5th Cir. · 2023 · quote attribution · 1 verbatim quote · confidence high
a quasi-contractual relationship is created between the unit operator and the unleased mineral interest owner with whom the operator has not entered into contract.
discussed Cited as authority (verbatim quote) Self v. B P X Operating
5th Cir. · 2023 · quote attribution · 1 verbatim quote · confidence high
a quasi-contractual relationship is created between the unit operator and the unleased mineral interest owner with whom the operator has not entered into contract.
discussed Cited as authority (rule) Stella Johnson, et al. v. Marathon Petroleum Corporation, et al.
E.D. La. · 2026 · confidence medium
The third category of contra non valentem “applies when the defendant engages in conduct which prevents the plaintiff from availing himself of his judicial remedies.”52 This category is implicated only when: “(1) the defendant engages in conduct which rises to the level of 49 Wells v. Zadeck, 89 So. 3d 1145, 1149 (La. 2012). 50 Id. at 1150 (citing Frank L.
cited Cited as authority (rule) James Self Wilma Self v. Bpx Operating Company
La. · 2024 · confidence medium
Wells, 11-1232 at 1, 3, 89 So.3d at 1146-47. 10 quasi-contractual relationship between the unit operator and a UMO under La.
cited Cited as authority (rule) James Self Wilma Self v. Bpx Operating Company
La. · 2024 · confidence medium
Wells, 11-1232 at 1, 3, 89 So.3d at 1146-47. 10 quasi-contractual relationship between the unit operator and a UMO under La.
cited Cited as authority (rule) Douglas Bienvenu v. 1 and 2 87184 C/W John Doe v. 1 and 2 87515
La. · 2024 · confidence medium
Wells, 11-1232 at p. 7, 89 So. 3d at 1149-50.
discussed Cited as authority (rule) Maria Assunta Del Vescovo, Giulia Nasini, Giuliano Nasini and Maria Nasini, Individually and on Behalf of Their Husband and Father, Respectively, Sergio Nasini v. Air & Liquid Systems Corporation (Sued Individually and as Successor-By-Merger to Buffalo Pumps, Inc.)
La. Ct. App. · 2023 · confidence medium
One situation in which contra non valentem applies is “where the cause of action is not known or reasonably knowable by the plaintiff, even though this ignorance is not induced by the defendant.” Wells, 2011-1232, p. 9, 89 So.3d at 1150.
discussed Cited as authority (rule) Fortado v. Evonik Corporation
E.D. La. · 2022 · confidence medium
Litig., 995 F.3d 384 , 394 (5th Cir. 2021) (“Appellants made no inquiry, and they are charged with knowledge of all that a reasonable inquiry would have revealed.”). 77 See Wells v. Zadeck, 89 So. 3d 1145, 1151 (La. 2012) (“According to Marin, ‘the ultimate issue in determining whether a plaintiff had constructive knowledge sufficient to commence a prescriptive period is the reasonableness of the plaintiff’s action or inaction in light of his education, intelligence, and the nature of the defendant’s conduct.’”) (quoting Marin, 48 So. 3d at 246 ); Butler v. Denka Performance El…
cited Cited as authority (rule) Succession of Joseph Cogliandro
La. Ct. App. · 2022 · confidence medium
C.C.P. art. 931; Wells, 11-1232 at p. 7, 89 So.3d at 1149-50.
examined Cited as authority (rule) Dow Construction L L C v. B P X Operating Co (5×) also: Cited "see"
W.D. La. · 2022 · confidence medium
Wells, 89 So. 3d at 1149 (“A quasi-contractual relationship is created between the unit operator and the unleased mineral interest owner with whom the operator has not entered into contract,” and “Louisiana jurisprudence provides that a claim against the operator of a unit well brought by the owners of unleased mineral interests in the production unit seeking their statutory share of production from the well is grounded in quasi-contract.”); Taylor, 619 So. 2d at 886–88 (holding that a claim for production or the proceeds of the sale of production from a forced pool unit sounds in qu…
cited Cited as authority (rule) Dow Construction L L C v. B P X Operating Co
W.D. La. · 2022 · confidence medium
Wells, 89 So. 3d at 1149.
discussed Cited as authority (rule) Self v. B P X Operating Co
W.D. La. · 2022 · confidence medium
In Wells, the Louisiana Supreme Court held that “a quasi- contractual relationship is created between the unit operator and the unleased mineral interest owner with whom the operator has not entered into contract.” Wells, 89 So. 3d at 1149.
cited Cited as authority (rule) House of Raeford Farms of Louisiana L L C v. Poole
W.D. La. · 2022 · confidence medium
The Louisiana Supreme Court “has recognized that the doctrine of contra non valentem is used to soften the occasional harshness of prescriptive statutes.” Wells, 89 So. 3d at 1150.
examined Cited as authority (rule) Butler v. Denka Performance Elastomer (4×) also: Cited "see", Cited "see, e.g."
5th Cir. · 2021 · confidence medium
Butler next contends that she lacked even constructive knowledge that the chloroprene emissions from PWF caused her symptoms. “[T]he ultimate issue in determining whether [Butler] had constructive knowledge sufficient to commence a prescriptive period is the reasonableness of [Butler’s] action or inaction in light of [her] education, intelligence, and the 13 Case: 20-30365 Document: 00516057380 Page: 14 Date Filed: 10/15/2021 No. 20-30365 nature of the defendant’s conduct.” Wells v. Zadeck, 89 So. 3d 1145, 1151 (La. 2012) (quoting Marin, 48 So. 3d at 246 ).
cited Cited as authority (rule) House of Raeford Farms of Louisiana L L C v. Poole
W.D. La. · 2021 · confidence medium
Id. at 1150 (internal marks omitted).
discussed Cited as authority (rule) Karen Cohen Kinnett Versus Jarred Brandon Kinnett (2×) also: Cited "see"
La. Ct. App. · 2020 · confidence medium
Gerard Lindquist, 274 So.3d at 761; Wells, 89 So.3d at 1152.
cited Cited as authority (rule) St. Bernard Parish Government v. Richard Perniciaro
La. Ct. App. · 2020 · confidence medium
Wells, 11-1232, p. 8, 89 So.3d at 1150.
discussed Cited as authority (rule) Encompass Office Solutions, Inc. v. La. Health Serv. & Indem. Co.
5th Cir. · 2019 · confidence medium
Tex. Sept. 17, 2013) (citing Prescription, BLACK’S LAW DICTIONARY (9th ed. 2009)). 3 “Contra non valentem non currit praescriptio means that prescription does not run against a person who could not bring his suit.” Wells v. Zadeck, 89 So. 3d 1145, 1150 (La. 2012) (citing Harvey v. Dixie Graphics, Inc., 593 So. 2d 351, 354 (La. 1992)). 5 Case: 17-10736 Document: 00514879053 Page: 6 Date Filed: 03/19/2019 No. 17-10736 cause the jury to find that no tort liability existed because the breach of contract claim underpins the basis for the tort claims.” The district court did not rule on Enco…
discussed Cited as authority (rule) Johnson v. SmithKline Beecham Corp. (2×) also: Cited "see"
E.D. Pa. · 2015 · confidence medium
Bd. v. Mobil Oil Corp., 310 F.3d 870, 877 (5th Cir.2002); Wells v. Zadeck, 89 So.3d 1145, 1149 (La.2012); Netherland v. Ethicon, Inc., 813 So.2d 1254 (La.Ct.App.2002).
discussed Cited as authority (rule) Specialized Loan Servicing, L.L.C. v. January
La. · 2013 · confidence medium
See Wells v. Zadeck, 11-1232, p. 9 (La.3/30/13); 89 So.3d 1145, 1150 (“The courts [] weigh the ‘equitable nature of the circumstances in each individual case’ to determine whether prescription will be tolled.”) (quoting Plaquemines Parish Comm’n Council v. Delta Dev.
cited Cited as authority (rule) Pociask v. Moseley
La. · 2013 · confidence medium
Wells v. Zadeck, p. 7, 89 So.3d at 1149.
cited Cited as authority (rule) W & T Offshore, Inc. v. Apache Corp.
S.D. Tex. · 2013 · confidence medium
Wells v. Zadeck, 89 So.3d 1145, 1151 (La. 2012).
cited Cited as authority (rule) Quinn v. Louisiana Citizens Property Insurance Corp.
La. · 2012 · confidence medium
C.C.P. art. 931; Wells v. Zadeck, 11-1232, p. 7 (La.3/30/12), 89 So.3d 1145, 1149-1150; Cichirillo, 04-2894, 04-2918 at 5, 917 So.2d at 428 .
cited Cited "see" Walter C. Dumas v. The Louisiana Board of Ethics
La. Ct. App. · 2023 · signal: see · confidence high
See Wells v. Zadeck, 2011- 1232 ( La. 3130/ 12), 89 So. 3d 1145 , 1150.
cited Cited "see" Johnson v. Chesapeake Louisiana L P
W.D. La. · 2022 · signal: see · confidence high
See Wells, 89 So. 3d 1145 ; King, 673 So. 2d 1329 ; Smith, 619 So. 2d 881 .
discussed Cited "see" Alexander v. La. State Board of Private Investigator Examiners (2×)
La. Ct. App. · 2017 · signal: see · confidence high
See Wells v. Zadeck, 11-1232, pp. 8-9 (La. 3/30/12), 89 So.3d 1145, 1150 ; Renfroe v. State ex rel.
cited Cited "see" Debra Johnson v. GlaxoSmithKline LLC
3rd Cir. · 2016 · signal: see · confidence high
See Wells v. Zadeck, 89 So.3d 1145, 1149-50 (La.2012).
discussed Cited "see" Felix v. Safeway Insurance Co.
La. Ct. App. · 2015 · signal: see · confidence high
See Wells v. Zadeck, 11-1232, p. 9 (La.3/30/12), 89 So.3d 1145, 1150 (citing Plaquemines Parish Commission Council, 502 So.2d at 1054-55 ) (noting that the four contra non valentem categories allow "the courts to weigh the ‘equitable nature of the circumstances in each individual case' to determine whether prescription will be tolled.”); see also Aegis Ins.
examined Cited "see" Fite Oil & Gas, Incorporated v. SWEPI, L.P. (3×)
5th Cir. · 2015 · signal: see · confidence high
See Wells v. Zadeck, 89 So.3d 1145, 1149 (La.2012); King v. Stroke, 673 So.2d 1329, 1338 (La.
Retrieving the full opinion text from the archive…
In re Frank D. BARBER, III
No. 2012-OB-0687.
Supreme Court of Louisiana.
Mar 28, 2012.
89 So. 3d 1145
2012 WL 1062292
Louisiana, Supreme.
Published

ORDER

Considering the Joint Petition for Interim Suspension filed by respondent, Frank D. Barber, III, and the Office of Disciplinary Counsel,

IT IS ORDERED that Frank D. Barber, III, Louisiana Bar Roll number 1004, be and he hereby is suspended from the practice of law on an interim basis pursuant to Supreme Court Rule XIX, § 19.3, pending further orders of this court. Pursuant to Supreme Court Rule XIX, § 26(E), this order is effective immediately-

FOR THE COURT:

/s/

/s/ Justice, Supreme Court of Louisiana