Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
41 Louisiana opinions name it 2 courts 1979–2024 4 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Truschinger v. Pakgreen2 sentences2024The abuse of rights doctrine applies to a defendant' s exercise of his otherwise judicially protected rights." See Truschinger v. Pak, 513 So. 2d 1151, 1154 ( La. 1957). 2021The Abuse of Rights doctrine is a civilian concept which is applied only in limited circumstances because its application renders unenforceable one' s otherwise judicially protected rights." Truschinger v. Pak, 513 So. 2d 1151, 1154 ( La. 1987). | 5 | 11 |
Illinois Cent. Gulf R. Co. v. International Harvestergreen2 sentences1994Without deciding whether La.R.S. 22:213 is applicable in the present case, we again apply the abuse of rights doctrine to conclude that the Program’s modification regarding in-home nursing care may not alter plaintiffs’ benefits with respect to the previously diagnosed and treated cancer. 3 UThe abuse of rights doctrine was described in Illinois Central Gulf Railroad Company v. International Harvester Company, 368 So.2d 1009, 1014 (La.1979) as follows: In its origin, the abuse of rights doctrine was applied to prevent the holder of rights or powers from exercising those rights exclusively for 1991In Illinois Central Gulf Railroad Co. v. International Harvester Co., 368 So.2d 1009, 1014 (La.1979) the Court engaged in a scholarly discussion of the abuse of rights doctrine, which we reproduce, in part, here: "Nevertheless, the doctrine of abuse of rights has been invoked sparingly in Louisiana and we must look to other civilian jurisdictions for its full articulation. | 4 | 14 |
Breland v. Louisiana Hospital Services, Inc.green2 sentences1989In Breland v. Louisiana Hospital Services, Inc., 468 So.2d 1215 (La.App. 1st Cir.1984), the Court of Appeal for the First Circuit remanded a case to the district court for reconsideration under the abuse of rights doctrine and to allow the insurer to show, if it could, that it had legitimate and serious reasons for exercising its contractual rights. 1988Nor do we find the facts of this case warrant a consideration of the abuse of rights doctrine discussed at length in Breland v. Louisiana Hospital Services, Inc., 468 So.2d 1215 (La.App. 1 Cir.1984). | 2 | 5 |
Housing Auth. of City of Abbeville v. Hebertgreen2 sentences1996In Housing Authority of City of Abbeville v. Hebert, 387 So.2d 693, 697 (La.App. 3 Cir.), writ denied, 394 So.2d 275 (La.1980), we said the main criteria for applying the abuse of rights doctrine are: (1) The exercising of rights exclusively for the purpose of harming another or if the predominant motive is to cause harm; (2) The non-existence of a serious and legitimate interest that is worthy of judicial protection; *643 (3) The right has been used in violation of moral rules, good faith, or elementary fairness, or (4) The holder of the right exercised the right for a purpose other than for 1991Massachusetts Mutual Life Insurance Co. v. Nails, 549 So.2d 826 (La.1989); Truschinger v. Pak, 513 So.2d 1151 (La.1987); Housing Authority of City of Abbeville v. Hebert, 387 So.2d 693 (La.App. 3d Cir.), writ denied, 394 So.2d 275 (La.1980). | 1 | 3 |
Lee v. Penningtongreen2 sentences2024Lee v. Pennington, 2002-0381, p. 8 (La.App. 4 Cir. 10/16/02), 830 So.2d 1037, 1043 (citation omitted). 2013Lee v. Pennington, 2002-0381, pp. 7-8 (La.App. 4 Cir. 10/16/02), 830 So.2d 1037, 1043 . | 1 | 2 |
White v. Monsanto Co.green1 sentence1994Under the intentional infliction of emotional distress theory of recovery, the behavior of the defendant must be "outrageous" and must "go beyond all possible bounds of decency, and be of such a nature as to be regarded as atrocious and utterly intolerable in a civilized community." White v. Monsanto Co., 585 So.2d 1205, 1209 (La. 1991). | 1 | 1 |
Kok v. Harrisgreen1 sentence1994Truschinger at 1154 ; Kok v. Harris, 563 So.2d 374, 377 (La.App. 1st Cir. 1990). | 1 | 1 |
Lambert v. Maryland Cas. Co.green1 sentence1985In Lambert v. Maryland Casualty Company, 418 So.2d 553, 561 (La.1982), appears the following: The same reasons apply to plaintiffs' abuse of rights argument. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Morse v. J. Ray McDermott & Co., Inc.
green
2 sentences2012Ray McDermott & Co., 344 So.2d 1353 (La.1977), this court recognized the Abuse of Rights doctrine. 1989Ray McDermott & Co., 344 So.2d 1353 (La.1977), this court recognized the Abuse of Rights doctrine. | 10 | 1979–2012 |
Steier v. Heller
green
2 sentences2012Id. at 790 . 2004Steier v. Heller, 31,733 (La.App.2d Cir.5/5/99), 732 So.2d 787 . | 3 | 2000–2012 |
Wagner v. FAIRWAY VILLAS CONDOMINIUM ASSOC. INC.
neutral
2 sentences2014This court in Wagner v. Fairway Villas Condominium Associates, Inc., 01-734, p. 6 (La.App. 3 Cir. 3/13/02), 813 So.2d 512 , 518 discussed the abuse of rights doctrine, noting it “has been invoked sparingly in Louisiana,” and “applies only when one of the following conditions are met: (1) the predominant motive for exercise of the right is to cause harm; (2) there is no serious or legitimate motive for exercise of the right; (3) the exercise of the right violates moral rules, good faith, or elementary fairness; or (4) the exercise of the right is for a purpose other than that for which it was g 2004He argues that their refusal to hire him violated all rules of good faith and fairness. *613 The abuse of rights doctrine is a "civilian concept which is applied only in limited circumstances because its application renders unenforceable one's otherwise judicially protected rights." Wagner v. Fairway Villas Condominium Associates, Inc., 01-0734 (La.App. 3 Cir. 3/13/02) , 813 So.2d 512, 518 , writ denied, 02-1492 (La.9/20/02), 825 So.2d 1174 . | 2 | 2004–2014 |
Johnson v. KTBS, INC.
green
2 sentences2012Johnson v. KTBS, Inc., 39,022 (La.App. 2 Cir. 11/23/04), 889 So.2d 329 . 2007Johnson v. KTBS, Inc., 39,022 (La.App. 2 Cir. 11/23/04), 889 So.2d 329 . | 2 | 2007–2012 |
Massachusetts Mut. Life Ins. Co. v. Nails
green
2 sentences2002Id. 1991Massachusetts Mutual Life Insurance Co. v. Nails, 549 So.2d 826 (La.1989); Truschinger v. Pak, 513 So.2d 1151 (La.1987); Housing Authority of City of Abbeville v. Hebert, 387 So.2d 693 (La.App. 3d Cir.), writ denied, 394 So.2d 275 (La.1980). | 2 | 1991–2002 |
GI's Club of Slidell v. Am. Leg. Post 374
green
2 sentences1999Illinois Central Gulf Railroad Company v. International Harvester Company, 368 So.2d 1009 (La.1979); G.I.'s Club of Slidell v. American Legion Post No. 374, supra . 1990Truschinger v. Pak, 513 So.2d 1151 (La.1987); Illinois Central Gulf Railroad Company v. International Harvestor Company, 368 *378 So.2d 1009 (La.1979); G.I.'s Club of Slidell, Inc. v. American Legion Post # 374, 504 So.2d 967 (La.App. 1st Cir.1987); Breland v. Louisiana Hospital Services, Inc., 468 So.2d 1215 (La.App. 1st Cir.1984). | 2 | 1990–1999 |
Housing Authority of Abbeville v. Hebert
green
2 sentences1996In Housing Authority of City of Abbeville v. Hebert, 387 So.2d 693, 697 (La.App. 3 Cir.), writ denied, 394 So.2d 275 (La.1980), we said the main criteria for applying the abuse of rights doctrine are: (1) The exercising of rights exclusively for the purpose of harming another or if the predominant motive is to cause harm; (2) The non-existence of a serious and legitimate interest that is worthy of judicial protection; *643 (3) The right has been used in violation of moral rules, good faith, or elementary fairness, or (4) The holder of the right exercised the right for a purpose other than for 1991Massachusetts Mutual Life Insurance Co. v. Nails, 549 So.2d 826 (La.1989); Truschinger v. Pak, 513 So.2d 1151 (La.1987); Housing Authority of City of Abbeville v. Hebert, 387 So.2d 693 (La.App. 3d Cir.), writ denied, 394 So.2d 275 (La.1980). | 2 | 1991–1996 |
Cataldie v. Louisiana Health Service & Indem. Co.
green
2 sentences1989In the decision relied on by defendant, Cataldie, supra, we briefly adverted to but did not apply the abuse of rights doctrine. 1985(See the treatment of the abuse of rights doctrine in Cataldie, supra.) Mrs. Harrington's condition, i.e., pregnancy, certainly arose prior to the termination of the policy. | 2 | 1985–1989 |
James v. State
neutral
2 sentences2007The appellate court stated: "Although an insurer may have the contractual right to cancel a policy, many courts hold that public policy prevents an insurer from terminating benefits with respect to previously diagnosed and treated illnesses." Id. at 1020 . 2007For example, in James v. State, 93-0902 (La.App. 1 Cir. 4/8/94) , 636 So.2d 1017 , the appellate court held the abuse of rights doctrine prohibited a State group health insurance plan, from applying a benefit modification to an individual who was previously diagnosed and treated for cancer. | 1 | 2007–2007 |
Wagner v. FAIRWAY VILLAS CONDOMINIUM ASSOS. INC.
neutral
1 sentence2004He argues that their refusal to hire him violated all rules of good faith and fairness. *613 The abuse of rights doctrine is a "civilian concept which is applied only in limited circumstances because its application renders unenforceable one's otherwise judicially protected rights." Wagner v. Fairway Villas Condominium Associates, Inc., 01-0734 (La.App. 3 Cir. 3/13/02) , 813 So.2d 512, 518 , writ denied, 02-1492 (La.9/20/02), 825 So.2d 1174 . | 1 | 2004–2004 |
American Bank v. Saxena
green
2 sentences1997American Bank v. Saxena, supra. Compensation takes *354 place between two persons only for liquidated obligations. 1997American Bank v. Saxena, supra. Compensation takes *354 place between two persons only for liquidated obligations. | 1 | 1997–1997 |
Higgins Oil & Fuel Co. v. Guaranty Oil Co.
green
2 sentences1990Ray McDermott & Co., Inc., 344 So.2d 1353 (La.1977); Onorato v. Maestri, 173 La. 375 , 137 So. 67 (1931); and Higgins Oil & Fuel Co. v. Guaranty Oil Co., 145 La. 233 , 82 So. 206 (1919). 1990Ray McDermott & Co., Inc., 344 So.2d 1353 (La.1977); Onorato v. Maestri, 173 La. 375 , 137 So. 67 (1931); and Higgins Oil & Fuel Co. v. Guaranty Oil Co., 145 La. 233 , 82 So. 206 (1919). | 1 | 1990–1990 |
Onorato v. Maestri
neutral
2 sentences1990Ray McDermott & Co., Inc., 344 So.2d 1353 (La.1977); Onorato v. Maestri, 173 La. 375 , 137 So. 67 (1931); and Higgins Oil & Fuel Co. v. Guaranty Oil Co., 145 La. 233 , 82 So. 206 (1919). 1990Ray McDermott & Co., Inc., 344 So.2d 1353 (La.1977); Onorato v. Maestri, 173 La. 375 , 137 So. 67 (1931); and Higgins Oil & Fuel Co. v. Guaranty Oil Co., 145 La. 233 , 82 So. 206 (1919). | 1 | 1990–1990 |
Cabibi v. Louisiana Health Service & Indemnity Co.
green
2 sentences1989In Cabibi v. Louisiana Health Service & Indemnity Co., 465 So.2d 56 (La.App. 4th Cir.1985) the Court of Appeal for the Fourth Circuit followed Cataldie as to a group policy without mention of the abuse of rights doctrine. 1989In Cabibi v. Louisiana Health Service & Indemnity Co., 465 So.2d 56 (La.App. 4th Cir.1985) the Court of Appeal for the Fourth Circuit followed Cataldie as to a group policy without mention of the abuse of rights doctrine. | 1 | 1989–1989 |
Mascaro v. Wokocha
neutral
1 sentence1987Illinois Central Railroad Company v. International Harvester, 368 So.2d 1009 (La. 1979); Housing Authority of City of Abbeville v. Hebert, 387 So.2d 693 (La.App. 3rd Cir.1980); Mascaro v. Wokocha, 489 So.2d 274 (La.App. 4th Cir.1986). | 1 | 1987–1987 |
Hero Lands Company v. Texaco, Inc.
green
1 sentence1981Plaintiffs also cite Hero Lands Company v. Texaco, Inc., La., 310 So.2d 93 , which involved a question of strict liability under C.C. | 1 | 1981–1981 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.