Elevating Boats, Inc. v. St. Bernard Parish (2001)
red
· 65 citation events
across 3 courts.
Showing the 8 strongest citers on record
(one row per citing case, strongest signal kept).
No longer good law
Overruled by Anthony Crane Rental, LP v. Fruge (2003)
Treatment trajectory · 2001 → 2026 · click a year to view the case as of then
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Bernard Parish, 00-3518, p. 18 (La.9/5/01), 795 So.2d 1153, 1166 (citations omitted).
green
Crescent Property Partners, L.L.C. v. American Manufacturers Mutual Insurance Company, Bison Building Materia… (2015)
Id. at 1163, n. 12.
Id. at 1163, n. 12 .
Bernard Parish, 795 So. 2d 1153, 1164 (La. 2001), overruled on other grounds by Anthony Crane Rental, L.P. v. Fruge, 859 So. 2d 631 (La. 2003), Chief Justice Calogero, writing for the majority explained why a cause of action cannot be revived once liberative prospection has accrued: [A]fter the prescriptive period on an obligation has run, an obligor gains the right to plead prescription.
green
Ebinger v. Venus Construction Corp. (2011)
The Third Circuit also relied on our holding that “statutes shortening a prescriptive period may be impermissible absent a transitional period sufficient to permit a claimant to seek judicial enforcement of a claim otherwise adversely affected by the new prescriptive period.” Ebinger II, 48 So.3d 375, 380 (quoting Elevating Boats, supra, 795 So.2d at 1163, n. 12 ) (emphasis in original).
green
Ebinger v. Venus Construction Corp. (2010)
Id. at 1163, n. 12 .
green
Raymond v. Orleans Parish School Bd. (2003)
Elevating Boats, Inc., XXXX-XXXX, p. 14-15, 795 So.2d at 1163-64 (emphasis in original); see also Chance v. American Honda Motor Co., 93-2582 (La.4/11/94), 635 So.2d 177 (refusing to apply the statute retroactively to revive an already-prescribed cause of action).
emphasis in original
green
Anthony Crane Rental, LP v. Fruge (2002)
In Elevating Boats, 795 So.2d at 1173-74 (emphasis added), the supreme court held: *1078 We find that the Parish's combined interest, penalty, and attorney fees cannot exceed the 15% interest penalties permitted by La.Rev.Stat. § 33:2746.
emphasis added