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.
38 Louisiana opinions name it 3 courts 1976–2024 1 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 |
|---|---|---|
Cox v. WM Heroman & Co., Inc.green2 sentences1991As stated by this court in Cox v. Heroman & Company, Inc., 298 So.2d 848, 855 (La. 1974), "So long as the facts constituting the claim or defense are alleged or proved, the party may be granted any relief to which he is entitled under the fact-pleadings and evidence." As part of defendant's effort to show that it would be prejudiced if we recognize a battery claim on appeal, it argues that the plaintiff's petition sets forth a negligence claim rather than a claim of intentional tort. 1976Heroman & Co., Inc., 298 So.2d 848 (La., 1974) which stated that: “So long as the facts constituting the claim or defense are alleged or proved, the party may be granted any relief to which he is entitled under the fact pleadings and evidence; the ‘theory of the case’ is abolished as a pleading requirement or restriction. | 9 | 12 |
First South Prod. Cr. v. Georgia-Pacificgreen2 sentences2014See First South Production Credit Ass’n v. Georgiar-Pacific, 585 So.2d 545 (La.1991) (holding that “[a]s long as the facts constituting a claim are alleged, the party may be granted any relief to which he is entitled under the pleadings and the evidence; the ‘theory of the case’ doctrine, under which a party must select a theory of his case or defense and adhere to it throughout the litigation, has been abolished.”); see also La. 2011"As long as the facts constituting a claim are alleged, the party may be granted any relief to which he is entitled under the pleadings and the evidence; the 'theory of the case' doctrine, under which a party must select a theory of his case or defense and adhere to it throughout the litigation, has been abolished.” First South Production Credit Ass'n v. Georgia-Pacific, 585 So.2d 545 (La.1991). . | 3 | 10 |
Greemon v. City of Bossier Citygreen2 sentences2012“So long as the facts constituting the claim or defense are alleged or proved, the party may be granted any relief to which he is entitled under the fact-pleadings and evidence.” Greemon , 10-2828, 11-0039 at 8; 65 So.3d at 1268 (quoting Cox v. W.M. 2012The Court in Greemon explained under Louisiana’s fact-pleading system, “[S]o long as the facts constituting the claim or defense are alleged or proved, the party may be granted any relief to which he is entitled under the fact-pleadings and evidence.” 10-2828 at p. 8, 65 So.3d at 1268 (citations omitted). | 1 | 4 |
Udomeh v. Josephgreen2 sentences2018Udomeh , 103 So.3d at 349 . 2015See Udomeh v. Joseph, 103 So.3d at 348-49 . | 1 | 2 |
Versai Management, Inc. v. Monticello Forest Products Corp.green1 sentence2007Versai Management, Inc. v. Monticello Forest Products Corporation, 479 So.2d 477, 483 (La. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Marcus Miller v. Harold Thibeaux,lafayette Parish School Board and American Alternative Insurance Corporation
green
2 sentences2020Miller v. Thibeaux, 201.4- 1107 ( La. 1/ 28/ 15); 159 So. 3d 426, 432 . 2020Miller v. Thibeaux, 14-1107 (La. 1/28/15), 159 So. 3d 426 ; U.S. Const. amend. | 6 | 2017–2020 |
Copeland Enterprises, Inc. v. Slidell Memorial Hosp.
green
2 sentences2017Heroman & Co., Inc., 298 So.2d 848, 855 (La.1974), overruled on other grounds by A. Copeland Enterprises, Inc. v. Slidell Memorial Hosp., 94-2011, p. 9 (La.6/30/95), 657 So.2d 1292, 1299 . 2016Heroman & Co., Inc., 298 So.2d 848, 855 (La.1974), overruled on other grounds by A. Copeland Enterprises, Inc. v. Sli-dell Memorial Hosp., 94-2011, p. 9 (La.6/30/95), 657 So.2d 1292, 1299 . | 4 | 2011–2017 |
Trust for Schwegmann v. SCHWEGMANN FAMILY
green
2 sentences2018App. 5 Cir. 5/31/05), 905 So.2d 1143 , 1147. 2018App. 5 Cir. 5/31/05), 905 So.2d 1143 , 1147, quoting First South Production Credit Ass'n v. Georgia-Pacific , 585 So.2d 545 , 548 (La. 1991). | 2 | 2018–2018 |
Brown v. Adolph
green
1 sentence2016Brown v. Adolph, 96-1257 (La.App. 1 Cir. 3/27/97) , 691 So.2d 1321 . | 1 | 2016–2016 |
State v. Bender
green
1 sentence2014App. 3 Cir. 11/26/13), _ So. 3d _. 5 Emigh v. West Calcasieu Cameron Hospital, 13-2985 (La. 3/14/14), 134 So.3d 1184 . 3 v. W.M. | 1 | 2014–2014 |
Roberson v. Provident House
green
1 sentence2006"So long as the facts constituting the claim or defense are alleged or proved, the party may be granted any relief to which he is entitled under the fact-pleadings and evidence." Roberson, 576 So.2d at 994 , quoting Cox v. W.M. | 1 | 2006–2006 |
\ WE THE PEOPLE\" PARALEGAL SERV. v. Watley"
neutral
1 sentence2005Under the fact pleading utilized in Louisiana, a party may be granted any relief to which he is entitled under the pleadings and the evidence so long as the facts constituting the claim are alleged. " We the People" Paralegal Services, L.L.C. v. Watley, 33,480 (La.App.2d Cir.8/25/00), 766 So.2d 744 . | 1 | 2005–2005 |
Mehta v. Baton Rouge Oil Co., Inc.
neutral
1 sentence2002Mehta v. Baton Rouge Oil Co., Inc., 99-1773 (La.App. 1 Cir. 9/22/00) , 768 So.2d 243 . | 1 | 2002–2002 |
Gunter v. Plauche
green
1 sentence2000They rely upon language in the case of Gunter v. Plauche, 439 So.2d 437 (La.1983) in which our Supreme Court said: The transaction or occurrence giving rise to the demand or object of the suit remained unchanged by the amendment and, even if the state of facts which constitute the defendant's wrong differ enough so that two causes of action exist, the facts of the transaction which created both duties is similar enough to support a relation back of the amending petition under art. 1153. | 1 | 2000–2000 |
Gisclair v. Matmoor, Inc.
green
1 sentence1994"As long as the facts constituting a claim are alleged, the party may be granted any relief to which he is entitled under the pleadings and the evidence; the `theory of the case' doctrine, under which a party must select a theory of his case or defense and adhere to it throughout the litigation, has been abolished." First South Production Credit Association v. Georgia-Pacific, 585 So.2d 545, 548 (La. 1991); Gisclair v. Matmoor, Inc., 537 So.2d 876 (La.App. 5th Cir.1989). | 1 | 1994–1994 |
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.