39 Louisiana opinions name it 2 courts 1931–2020 0 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 |
|---|---|---|
Melancon v. Town of Amite Citygreen2 sentences2019See Melancon, 261 So.3d at 10 . 2019See Melancon, 261 So.3d at 10 . | 2 | 2 |
Hale v. Touro Infirmarygreen1 sentence2016Ross v. Oceans Behavioral Hosp. of Greater New Orleans, 14-368 (La.App. 5 Cir. 11/25/14) , 165 So.3d 176 ; Mabry v. Andrus, 45, 135 (La.App. 2 Cir. 4/14/10), 34 So.3d 1075 ; see also, Hale v. Touro Infirmary, 04-0003 (La.App. 4 Cir. 11/3/04) , 886 So.2d 1210 . . | 1 | 1 |
Rush v. Ryan Chevrolet, Inc.green1 sentence2016Rush v. Ryan Chevrolet, Inc., 408 So.2d 984, 986 (La.App. 2 Cir. 1981). | 1 | 1 |
Carter v. Exide Corp.green2 sentences2011Even statutory immunity from tort liability “does not, of itself, shield the employer from a claim for economic injury that the employee may suffer as a result of the employer’s post-accident conduct, whether intentional or negligent, that may impair the employee’s ability to recover tort damages for his injuries from third parties.” Carter v. Exide Corp., 27,358, p. 12 (La.App. 2 Cir. 9/29/95), 661 So.2d 698, 704 (citations omitted). 2011The issue is the same, “Did the defendant have a duty to preserve the evidence for the plaintiff, whether arising from a statute, a contract, a special relationship between the parties, or an affirmative agreement or undertaking to preserve the evidence?” Id. | 1 | 1 |
Pham v. Contico Intern., Inc.green1 sentence2003In Pham v. Contico Int'l, Inc., 99-945, pp. 5-6 (La.App. 5 Cir.3/22/00), 759 So.2d 880, 882-83 (footnotes omitted)(emphasis added), our brethren of the fifth circuit pointed out the following: We note that the exclusive remedy provisions of R.S. 23:1032 do not grant an employer immunity from all tort suits by an employee simply by virtue of the employment relationship between the two. | 1 | 1 |
Brown v. Cliff's Drilling Co.green1 sentence1999See Brown v. Cliff's Drilling Co., 638 F.Supp. 1009 (E.D.Tex.1986)( the employer provided no instruction or training of any kind, held no safety meetings until after accidents occurred, provided no supervision and simply "assumed people knew what to do"). | 1 | 1 |
Austin v. Johns-Manville Sales Corp.green1 sentence1998Houston v. Bechtel Associates Professional Corporation, 522 F.Supp. 1094, 1097 (D.D.C.1981); Austin v. Johns-Manville Sales Corporation, 508 F.Supp. 313, 316-317 (D.Me.1981). | 1 | 1 |
Houston v. Bechtel Associates Professional Corp.green1 sentence1998Houston v. Bechtel Associates Professional Corporation, 522 F.Supp. 1094, 1097 (D.D.C.1981); Austin v. Johns-Manville Sales Corporation, 508 F.Supp. 313, 316-317 (D.Me.1981). | 1 | 1 |
John R. Nations v. W. W. Morris and American Motorists Insurance Co.green1 sentence1998The federal district court in Sharp relied on Nations v. Morris, 483 F.2d 577, 587-588 (5th Cir.), cert. denied, 414 U.S. 1071 , 94 S.Ct. 584 , 38 L.Ed.2d 477 (1973), in which the 5th Circuit stated that § 905(a), the LHWCA's employer immunity provision, and § 933(i) "completely obliterate[] the rights at common, civil or maritime law against Employer and fellow employee." For the reasons which follow, we disagree with the reasoning of the Sharp case, and we decline to follow its holding. 33 U.S.C. § 905 (a) provides that the LHWCA shall be the employee's exclusive remedy against his employer. | 1 | 1 |
| Blanton v. City Of Murfreesborogreen | 1 | 1 |
| LeJeune v. Highlands Insurance Companygreen | 1 | 1 |
| O'BRIEN v. Traders and General Insurance Companygreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Accardo v. LOUISIANA HEALTH SERV. & INDEM.
green
1 sentence2020App. 1 Cir. 6/ 21/ 06), 943 So. 2d 381, 383 , this court examined La. | 1 | 2020–2020 |
Darrin Coulon and Tess Coulon v. Endurance Risk Partners, Inc., West Bank Surgery Center, L.L.C., and Mark Juneau, M.D.
green
1 sentence2018Id. at 814 . | 1 | 2018–2018 |
Harvey v. Bass Haven Resort, Inc.
green
2 sentences2017In Harvey v. Bass Haven Resort, Inc. , 99-909, pp. 5-6 (La.App. 3 Cir. 2/2/00), 758 So.2d 264 , 268, this court discussed the remedies available to the employer in defense of a claim for penalties and stated: Although the statutory language provides for an award of penalty wages upon nonpayment, our jurisprudence has allowed the employer to assert equitable defenses to such a claim. 2017Id. | 1 | 2017–2017 |
Mabry v. Andrus
green
1 sentence2016Ross v. Oceans Behavioral Hosp. of Greater New Orleans, 14-368 (La.App. 5 Cir. 11/25/14) , 165 So.3d 176 ; Mabry v. Andrus, 45, 135 (La.App. 2 Cir. 4/14/10), 34 So.3d 1075 ; see also, Hale v. Touro Infirmary, 04-0003 (La.App. 4 Cir. 11/3/04) , 886 So.2d 1210 . . | 1 | 2016–2016 |
Ross v. Oceans Behavioral Hospital of Greater New Orleans
green
2 sentences2016Ross v. Oceans Behavioral Hosp. of Greater New Orleans, 14-368 (La.App. 5 Cir. 11/25/14) , 165 So.3d 176 ; Mabry v. Andrus, 45, 135 (La.App. 2 Cir. 4/14/10), 34 So.3d 1075 ; see also, Hale v. Touro Infirmary, 04-0003 (La.App. 4 Cir. 11/3/04) , 886 So.2d 1210 . . 2016Ross v. Oceans Behavioral Hosp. of Greater New Orleans, 14-368 (La.App. 5 Cir. 11/25/14) , 165 So.3d 176 ; Mabry v. Andrus, 45, 135 (La.App. 2 Cir. 4/14/10), 34 So.3d 1075 ; see also, Hale v. Touro Infirmary, 04-0003 (La.App. 4 Cir. 11/3/04) , 886 So.2d 1210 . . | 1 | 2016–2016 |
State ex rel. Joseph v. Shea
neutral
1 sentence2015Id. | 1 | 2015–2015 |
Harris v. Christus St. Patrick Hosp.
neutral
1 sentence2015The whistleblower statute does not define the term “employer.” Citing Ray v. City of Bossier, 37,708 (La.App. 2 Cir. 10/24/03), 859 So.2d 264 , writs denied, 03-3214, 03-3254 (La.2/13/04), 867 So.2d 697 , the Authority argues that the definition of employer contained in the LEDL should be used to determine if it is an employer for purposes of Ms. Hunter’s whistleblower claims. | 1 | 2015–2015 |
Ray v. City of Bossier City
green
1 sentence2015The whistleblower statute does not define the term “employer.” Citing Ray v. City of Bossier, 37,708 (La.App. 2 Cir. 10/24/03), 859 So.2d 264 , writs denied, 03-3214, 03-3254 (La.2/13/04), 867 So.2d 697 , the Authority argues that the definition of employer contained in the LEDL should be used to determine if it is an employer for purposes of Ms. Hunter’s whistleblower claims. | 1 | 2015–2015 |
Fondren v. Greater New Orleans Expressway Com'n
green
1 sentence2010Comm’n, 03-1383 (La.App. 5 Cir. 4/27/04) , 871 So.2d 688 , in which the court reversed a summary judgment to let the plaintiff prove that he really did advise the employer of a violation of law. | 1 | 2010–2010 |
Thibodaux v. Sun Oil Co.
green
2 sentences2006STATUTORY EMPLOYER DOCTRINE The test for determining statutory employer status has undergone many changes since it was first established by the Louisiana Supreme Court in Thibodaux v. Sun Oil Co., 218 La. 453 , 49 So.2d 852 (1950). 2006STATUTORY EMPLOYER DOCTRINE The test for determining statutory employer status has undergone many changes since it was first established by the Louisiana Supreme Court in Thibodaux v. Sun Oil Co., 218 La. 453 , 49 So.2d 852 (1950). | 1 | 2006–2006 |
Abl Mgmt. v. Board of Sup'rs of S. Univ.
green
1 sentence2006"It is presumed that every word, sentence or provision in the statute was intended to serve some useful purpose, that some effect is to be given to each such provision, and that no unnecessary words or provisions were used." ABL Mgmt., Inc. v. Bd. of Supervisors of S. Univ., 00-798, p. 6 (La.11/28/00), 773 So.2d 131, 135 . | 1 | 2006–2006 |
Fisher v. Westbank Roofing
neutral
1 sentence2005Such an interpretation of the law is illogical and we reject it.” Id. | 1 | 2005–2005 |
Roberts v. Sewerage and Water Bd.
green
1 sentence2003Roberts v. Sewerage and Water Bd. of New Orleans, Sup.1994, 92-2048 (La.3/21/94), 634 So.2d 341 . [3] The quest of the law for the third party wrongdoer may proceed in the usual way: whether the third party wrongdoer was at fault in the *691 work injury or whether, as in this case, the third party caused a separate injury to the employee by wrongfully having the employee's benefits terminated. | 1 | 2003–2003 |
Tillmon v. Thrasher Waterproofing
green
1 sentence2002In Tillmon v. Thrasher Waterproofing, XXXX-XXXX (La.App. 4 Cir. 3/28/01), 786 So.2d 131 , the claimant was entitled to penalties and attorney fees where the employer denied benefits and failed to fulfill an ongoing duty to ascertain the claimant's precise medical condition. | 1 | 2002–2002 |
Allen v. Louisiana Wood Moulding Corp.
green
1 sentence2002In Allen v. Louisiana Wood Moulding Corp., 29,947 (La.App. 2 Cir. 1/23/98), 706 So.2d 636 , the employer's factual contentions *349 regarding the general safety feature of the table saw encasement and the claimant's disobedience to the corporation's safety instructions did not afford the employer a defense to its discontinuance of workers' compensation medical and wage benefits so as to preclude penalties and attorney fees. | 1 | 2002–2002 |
Bethea v. Modern Biomedical Services, Inc.
green
2 sentences2000The Third Circuit, in Bethea v. Modern Biomedical Services, Inc., 97-332 (La.App. 3 Cir. 11/19/97) , 704 So.2d 1227 , also agreed that LSA-R.S. 23:1032 did not give an employer immunity from this tort suit, but rejected the Carter court's holding that the employer's duty to preserve evidence must stem from a specific source or circumstance. 2000The Third Circuit, in Bethea v. Modern Biomedical Services, Inc., 97-332 (La.App. 3 Cir. 11/19/97) , 704 So.2d 1227 , also agreed that LSA-R.S. 23:1032 did not give an employer immunity from this tort suit, but rejected the Carter court's holding that the employer's duty to preserve evidence must stem from a specific source or circumstance. | 1 | 2000–2000 |
Stockmar v. United States
green
1 sentence1998The federal district court in Sharp relied on Nations v. Morris, 483 F.2d 577, 587-588 (5th Cir.), cert. denied, 414 U.S. 1071 , 94 S.Ct. 584 , 38 L.Ed.2d 477 (1973), in which the 5th Circuit stated that § 905(a), the LHWCA's employer immunity provision, and § 933(i) "completely obliterate[] the rights at common, civil or maritime law against Employer and fellow employee." For the reasons which follow, we disagree with the reasoning of the Sharp case, and we decline to follow its holding. 33 U.S.C. § 905 (a) provides that the LHWCA shall be the employee's exclusive remedy against his employer. | 1 | 1998–1998 |
McNeary v. Stone
green
1 sentence1998The federal district court in Sharp relied on Nations v. Morris, 483 F.2d 577, 587-588 (5th Cir.), cert. denied, 414 U.S. 1071 , 94 S.Ct. 584 , 38 L.Ed.2d 477 (1973), in which the 5th Circuit stated that § 905(a), the LHWCA's employer immunity provision, and § 933(i) "completely obliterate[] the rights at common, civil or maritime law against Employer and fellow employee." For the reasons which follow, we disagree with the reasoning of the Sharp case, and we decline to follow its holding. 33 U.S.C. § 905 (a) provides that the LHWCA shall be the employee's exclusive remedy against his employer. | 1 | 1998–1998 |
Alphonse v. Omni Hotels Management Corp.
green
1 sentence1997Alphonse v. Omni Hotels Management Corp., 94-0157, p. 5 (La.App. 4 Cir. 9/29/94), 643 So.2d 836, 840 . | 1 | 1997–1997 |
Thomas v. STATE, DEPT. OF TRANSP. & DEVELOPMENT
green
1 sentence1996Thomas v. State, Dept. of Transp. and Development, 27,203 (La.App. 2 Cir. 10/12/95), 662 So.2d 788 . | 1 | 1996–1996 |
| Moreau v. Landry green | 1 | 1994–1994 |
Bennett v. Corroon and Black Corp.
green
1 sentence1994Bennett, 517 So.2d at 1248 ; Moreau v. Landry, 305 So.2d 671 (La.App. 1st Cir.1974). | 1 | 1994–1994 |
| Cutno v. Neeb Kearney & Company green | 1 | 1994–1994 |
| Weatherall v. DUHON'S ELECTRICAL SERVICE green | 1 | 1990–1990 |
| Franklin v. Oilfield Heavy Haulers green | 1 | 1989–1989 |
| Franklin v. Oilfield Heavy Haulers green | 1 | 1989–1989 |
| Vaca v. Sipes green | 1 | 1989–1989 |
| cluster 262790 green | 1 | 1989–1989 |
| Dufau v. Creole Engineering, Inc. green | 1 | 1988–1988 |
| Disotell v. Wadsworth Golf Const. Co. green | 1 | 1987–1987 |
| Harrison v. Uniroyal, Inc. green | 1 | 1985–1985 |
| White v. Baker Manor Nursing Home neutral | 1 | 1985–1985 |
| White v. Baker Manor Nursing Home, Inc. green | 1 | 1985–1985 |
| Landry v. Department of Employment Security neutral | 1 | 1981–1981 |
| Banks v. ADMINISTRATOR OF DEPT. OF EMPLOYMENT SEC. green | 1 | 1981–1981 |
| Banks v. K & H Stock Farm neutral | 1 | 1977–1977 |
| Lunkin v. Triangle Farms, Inc. green | 1 | 1977–1977 |
| Mitchell v. Sklar neutral | 1 | 1977–1977 |
| Stewart v. Maloney Trucking & Storage, Inc. neutral | 1 | 1977–1977 |
| Liles v. Riblet Products of Louisiana, Inc. neutral | 1 | 1976–1976 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.