37 Louisiana opinions name it 2 courts 1899–2015 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 |
|---|---|---|
Petition of Sewerage & Water Board of New Orleansgreen1 sentence2015It also explains that it simultaneously filed both a writ and an appeal because it was uncertain of the appropriate procedural mechanism to seek review of a judgment denying in part and granting in part an eviction petition. ,. ■ The law of the case doctrine refers to the following: “(a) the binding force of trial court rulings during later stages of the trial, (b) the conclusive effects of appellate court rulings at the trial on remand, and (c) the rule that an appellate court will ordinarily not reconsider its own rulings of law on a subsequent appeal in the same case.” Brown v. Serpas, 13-1 | 1 | 1 |
Brown v. Serpasgreen1 sentence2015It also explains that it simultaneously filed both a writ and an appeal because it was uncertain of the appropriate procedural mechanism to seek review of a judgment denying in part and granting in part an eviction petition. ,. ■ The law of the case doctrine refers to the following: “(a) the binding force of trial court rulings during later stages of the trial, (b) the conclusive effects of appellate court rulings at the trial on remand, and (c) the rule that an appellate court will ordinarily not reconsider its own rulings of law on a subsequent appeal in the same case.” Brown v. Serpas, 13-1 | 1 | 1 |
State v. Greengreen1 sentence2013Id. at 488-89 (emphasis added). | 1 | 1 |
Dodson v. Community Blood Centergreen1 sentence1994Dodson v. Community Blood Ctr., 633 So.2d 252, 255 (La.App. 1st Cir.1993). | 1 | 1 |
Kirby v. Kentgreen2 sentences1966See Kirby v. Kent, 172 Miss. 457 , 160 So. 569 , 99 A.L.R. 1303 and authorities there cited. . 1966See Kirby v. Kent, 172 Miss. 457 , 160 So. 569 , 99 A.L.R. 1303 and authorities there cited. . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Purkett v. Elem
green
1 sentence2013Id. | 1 | 2013–2013 |
State v. Landry
green
1 sentence2013The supreme court addressed the issue stating: In [State v. ]Landry [, 97-499 (La.6/29/99), 751 So.2d 214 ], this Court reversed a conviction and death sentence because the appellate record was so deficient that the Court could not properly review the ease for error. | 1 | 2013–2013 |
State v. Parker
neutral
1 sentence2010State v. Byes, 97-1876, pp. 11-12 (La.App. 4 Cir. 4/21/99) , 735 So.2d 758, 765 ; State v. Parker, 96-1852, pp. 12-13 (La.App. 4 Cir. 6/18/97) , 696 So.2d 599, 606 . | asín the ease at bar, Detective Deal testified at a 28 March 2003 evidentiary hearing concerning the defendant’s statement quoted above, or what in the transcription at issue at the evidentiary hearing was the thrust of that statement, with Davis stating: “Yes, well, like, can I have an attorney (inaudible) at this time.” The following colloquy occurred between defense counsel at that time and Detective Deal regarding that state | 1 | 2010–2010 |
State v. Byes
green
1 sentence2010State v. Byes, 97-1876, pp. 11-12 (La.App. 4 Cir. 4/21/99) , 735 So.2d 758, 765 ; State v. Parker, 96-1852, pp. 12-13 (La.App. 4 Cir. 6/18/97) , 696 So.2d 599, 606 . | asín the ease at bar, Detective Deal testified at a 28 March 2003 evidentiary hearing concerning the defendant’s statement quoted above, or what in the transcription at issue at the evidentiary hearing was the thrust of that statement, with Davis stating: “Yes, well, like, can I have an attorney (inaudible) at this time.” The following colloquy occurred between defense counsel at that time and Detective Deal regarding that state | 1 | 2010–2010 |
Lovell v. Lovell
green
2 sentences2007One of the three factors to consider set out in Lovell, 378 So.2d at 422 , is “the inequity imposed by retroactive application.” Similarly, one of the reasons for application of the law of the ease doctrine is “the essential fairness to both sides.” Id. at 421 . 2007One of the three factors to consider set out in Lovell, 378 So.2d at 422 , is “the inequity imposed by retroactive application.” Similarly, one of the reasons for application of the law of the ease doctrine is “the essential fairness to both sides.” Id. at 421 . | 1 | 2007–2007 |
Connell v. Commission Council
green
2 sentences1997Connell v. Commission Council of City of Baton Rouge, 153 La. 788 , 96 So. 657 , (1923), on rehearing; Grice, supra. As stated above, in the instant ease the challenge is to the ultra vires action of Rich-wood in proposing the annexation of lands which are not contiguous. 1997Connell v. Commission Council of City of Baton Rouge, 153 La. 788 , 96 So. 657 , (1923), on rehearing; Grice, supra. As stated above, in the instant ease the challenge is to the ultra vires action of Rich-wood in proposing the annexation of lands which are not contiguous. | 1 | 1997–1997 |
Grice v. Mayor of Morgan City
green
1 sentence1997Connell v. Commission Council of City of Baton Rouge, 153 La. 788 , 96 So. 657 , (1923), on rehearing; Grice, supra. As stated above, in the instant ease the challenge is to the ultra vires action of Rich-wood in proposing the annexation of lands which are not contiguous. | 1 | 1997–1997 |
Stobart v. State Through DOTD
green
1 sentence1996Our opinion in Stobart v. State, 617 So.2d 880 (La.1993), was not intended to change that synthesis or to make the scope of appellate review of facts any more limited than described in Rosell, Arceneaux, Canter, et al, supra. Id. at 3, 4, 670 So.2d at 214-15 . |7In the ease at bar there was conflicting testimony as to whether Wade received an intravenous dose of Rocephin® on the day of the accident. | 1 | 1996–1996 |
Sanders v. Posi-Seal Intern.
green
1 sentence1996FACTS The following are the undisputed facts as set forth in Sanders v. Posi-Seal International, 93-1007, p. 2 (La.App. 1st Cir. 4/8/94); 635 So.2d 760, 761 . | 1 | 1996–1996 |
Chatman v. City of Opelousas
neutral
1 sentence1996Our opinion in Stobart v. State, 617 So.2d 880 (La.1993), was not intended to change that synthesis or to make the scope of appellate review of facts any more limited than described in Rosell, Arceneaux, Canter, et al, supra. Id. at 3, 4, 670 So.2d at 214-15 . |7In the ease at bar there was conflicting testimony as to whether Wade received an intravenous dose of Rocephin® on the day of the accident. | 1 | 1996–1996 |
State v. Jackson
green
1 sentence1996In Jackson, supra at 779 , in dicta, this Court wrote: Assuming that the above provision does justify a convicted felon’s use of a firearm to defend himself or his property against unprovoked force by another, the provision clearly has no application to the ease at bar; for even if a finder of fact were to believe every particle of testimony offered to support the defense of justification, there has been no showing by the defendant that his possession of the firearm was necessary. | 1 | 1996–1996 |
Batson v. Kentucky
green
2 sentences1995Collier, supra, at 820 , citing Batson supra, 476 U.S. at 97-98 , 106 S.Ct. at 1723 . 1995Collier, supra, at 820 , citing Batson supra, 476 U.S. at 97-98 , 106 S.Ct. at 1723 . | 1 | 1995–1995 |
Daigle Bros. Sand v. Dept. of Rev. Secy.
green
1 sentence1995As in Daigle Brothers, supra, the question in the ease at bar is the applicability of the elements of equitable estoppel. | 1 | 1995–1995 |
State v. Collier
green
1 sentence1995Collier, supra, at 820 , citing Batson supra, 476 U.S. at 97-98 , 106 S.Ct. at 1723 . | 1 | 1995–1995 |
Bernhardt v. Bernhardt
green
1 sentence1982“Bernhardt v. Bernhardt, 283 So.2d 226 (La.1973) is distinguishable from the ease at bar. | 1 | 1982–1982 |
Amite Auto Co. v. Appel
neutral
1 sentence1935Intervener and third opponent further contends our former decision in the matter of Amite Auto Co. v. Appel (Passman, Intervener), 16 La. | 1 | 1935–1935 |
Sears v. Peytral
green
2 sentences1934The ease at bar does not come within the reasoning of Sears v. Peytral, 151 La. 971 , 92 So. 561 , where the injured employee disobeyed instructions as to how he should do what he was directly employed to do. 1934The ease at bar does not come within the reasoning of Sears v. Peytral, 151 La. 971 , 92 So. 561 , where the injured employee disobeyed instructions as to how he should do what he was directly employed to do. | 1 | 1934–1934 |
Matthews v. Continental Casualty Co.
neutral
2 sentences1931In Matthews v. Continental Casualty Co., 78 Ark. 81 , 93 S. W. 55 , the facts were that defendant insured the life of plaintiff’s intestate against accidents occurring “within one year from 12 o’clock noon, standard time, of the date of the policy, which was the 11th day of December, 1902.” Just as in the ease at bar the days of grace expired in five days and the language “12 o’clock noon” was not mentioned in the grace proviso, so in the cited case the policy did not specifically state that it expired at “12 o’clock noon,” December 11, 1903, but only “within one year from 12 o’clock noon,” De 1931In Matthews v. Continental Casualty Co., 78 Ark. 81 , 93 S. W. 55 , the facts were that defendant insured the life of plaintiff’s intestate against accidents occurring “within one year from 12 o’clock noon, standard time, of the date of the policy, which was the 11th day of December, 1902.” Just as in the ease at bar the days of grace expired in five days and the language “12 o’clock noon” was not mentioned in the grace proviso, so in the cited case the policy did not specifically state that it expired at “12 o’clock noon,” December 11, 1903, but only “within one year from 12 o’clock noon,” De | 1 | 1931–1931 |
Bethea v. Hood
neutral
1 sentence1931Ann. 626 , on a point which bears no analogy to the ease at bar-, and again in Bethea v. Hood, 9 La. | 1 | 1931–1931 |
Emerson's v. M'Cullough's Syndics
neutral
1 sentence1931Ann. 88 , where the court, after saying, “The want of this formality [the taking of the oath by the arbitrators] is fatal to the award,” said: “The case of Talcott v. McKibben, 2 Mart. | 1 | 1931–1931 |
Caffin v. Redon
neutral
1 sentence1930Ann. 824 , the Supreme Court said: “In the ease at bar there was no original or latent defect in the building.’’ In Caffin v. Redon, 6 La. | 1 | 1930–1930 |
Burt v. Davis-Wood Lumber Co.
neutral
2 sentences1928Co., 157 La. 111 , 102 So. 87 , contending that the facts in the case are in all respects similar to the facts in the ease at bar. 1928Co., 157 La. 111 , 102 So. 87 , contending that the facts in the case are in all respects similar to the facts in the ease at bar. | 1 | 1928–1928 |
Succession of Miller
neutral
1 sentence1926Civil Code, art. 1064; Act 104 of *227 1878; Succession of Miller (or Pohlman) 107 La. 561 , 32 So. 80 .” In the ease at bar, as notice of the filing of the account was published in a daily newspaper on 3 different days, to wit, on July 20, 24, and 29, 1922, the notice was properly published, and as the account was homologated on July 31, 1922, 10 full days intervening between the day of the first publication and the day of the homologation, the account was not prematurely homologated. | 1 | 1926–1926 |
Eckendorff v. Mutual Life Ins.
green
2 sentences1926In the Eckendorff Case, 154 La. 183 , 97 So. 394 [involving a pistol shot wound in the right temple] the court, immediately after stating the nature of the ease and the defense set up, and before proceeding to the physical facts, said: “The determination of the case * * * involves an inquiry as to whether there was a motive for the suicide alleged,” and thereupon said: “We find a motive for the unfortunate act clearly established" [embezzlement and approaching detection]. 1926In the Eckendorff Case, 154 La. 183 , 97 So. 394 [involving a pistol shot wound in the right temple] the court, immediately after stating the nature of the ease and the defense set up, and before proceeding to the physical facts, said: “The determination of the case * * * involves an inquiry as to whether there was a motive for the suicide alleged,” and thereupon said: “We find a motive for the unfortunate act clearly established" [embezzlement and approaching detection]. | 1 | 1926–1926 |
Morris v. Great Southern Lumber Co.
neutral
2 sentences1925Great Southern Lumber Co., 132 La. 306 , 61 South. 383 ; it is ordered, adjudged and decreed that there be judgment in favor of defendant and against plaintiff, dismissing plaintiff’s demand with costs.” We have not been referred to, nor have we been able to find, any authorities more applicable to the ease at bar than is that of Mills vs. 1925Great Southern Lumber Co., 132 La. 306 , 61 South. 383 ; it is ordered, adjudged and decreed that there be judgment in favor of defendant and against plaintiff, dismissing plaintiff’s demand with costs.” We have not been referred to, nor have we been able to find, any authorities more applicable to the ease at bar than is that of Mills vs. | 1 | 1925–1925 |
| State v. Payne neutral | 1 | 1924–1924 |
| St. Clair County v. Interstate Sand & Car Transfer Co. green | 1 | 1922–1922 |
| Earle v. Pennsylvania green | 1 | 1921–1921 |
| Lopez v. Theriot neutral | 1 | 1919–1919 |
| United States Casualty Co. v. Kacer green | 1 | 1916–1916 |
| White v. Illinois Cent. R. neutral | 1 | 1913–1913 |
| Morgan's Louisiana & Texas Railroad & Steamship Co. v. Pecot green | 1 | 1913–1913 |
| Serapurn v. Bousquet neutral | 1 | 1913–1913 |
| Standard Brewing Co. v. Anderson green | 1 | 1912–1912 |
| State v. Golden green | 1 | 1909–1909 |
| Woodfolk's Heirs v. Witkowski neutral | 1 | 1909–1909 |
| Robison v. Texas Pine Land Ass'n neutral | 1 | 1908–1908 |
| Stafford v. Shortreed neutral | 1 | 1899–1899 |
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.