ease bar (Louisiana) · Go Syfert
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ease bar in Louisiana

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.

Followed or applied (5)

CaseFollowedCited
Petition of Sewerage & Water Board of New Orleansgreen
la · 1973 · cited in 1 Louisiana opinions naming this issue, 2015–2015
1 sentence

2015It 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

11
Brown v. Serpasgreen
lactapp · 2014 · cited in 1 Louisiana opinions naming this issue, 2015–2015
1 sentence

2015It 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

11
State v. Greengreen
la · 1946 · cited in 1 Louisiana opinions naming this issue, 2013–2013
1 sentence

2013Id. at 488-89 (emphasis added).

11
Dodson v. Community Blood Centergreen
lactapp · 1993 · cited in 1 Louisiana opinions naming this issue, 1994–1994
1 sentence

1994Dodson v. Community Blood Ctr., 633 So.2d 252, 255 (La.App. 1st Cir.1993).

11
Kirby v. Kentgreen
miss · 1935 · cited in 1 Louisiana opinions naming this issue, 1966–1966
2 sentences

1966See 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. .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (38)

CaseCitedYears
Purkett v. Elem green
scotus · 1995
1 sentence

2013Id.

12013–2013
State v. Landry green
la · 1999
1 sentence

2013The 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.

12013–2013
State v. Parker neutral
lactapp · 1997
1 sentence

2010State 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

12010–2010
State v. Byes green
lactapp · 1999
1 sentence

2010State 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

12010–2010
Lovell v. Lovell green
la · 1979
2 sentences

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 .

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 .

12007–2007
Connell v. Commission Council green
la · 1922
2 sentences

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.

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.

11997–1997
Grice v. Mayor of Morgan City green
lactapp · 1964
1 sentence

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.

11997–1997
Stobart v. State Through DOTD green
la · 1993
1 sentence

1996Our 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.

11996–1996
Sanders v. Posi-Seal Intern. green
lactapp · 1994
1 sentence

1996FACTS 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 .

11996–1996
Chatman v. City of Opelousas neutral
lactapp · 1995
1 sentence

1996Our 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.

11996–1996
State v. Jackson green
lactapp · 1984
1 sentence

1996In 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.

11996–1996
Batson v. Kentucky green
scotus · 1986
2 sentences

1995Collier, 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 .

11995–1995
Daigle Bros. Sand v. Dept. of Rev. Secy. green
lactapp · 1992
1 sentence

1995As in Daigle Brothers, supra, the question in the ease at bar is the applicability of the elements of equitable estoppel.

11995–1995
State v. Collier green
la · 1989
1 sentence

1995Collier, supra, at 820 , citing Batson supra, 476 U.S. at 97-98 , 106 S.Ct. at 1723 .

11995–1995
Bernhardt v. Bernhardt green
la · 1973
1 sentence

1982“Bernhardt v. Bernhardt, 283 So.2d 226 (La.1973) is distinguishable from the ease at bar.

11982–1982
Amite Auto Co. v. Appel neutral
lactapp · 1931
1 sentence

1935Intervener and third opponent further contends our former decision in the matter of Amite Auto Co. v. Appel (Passman, Intervener), 16 La.

11935–1935
Sears v. Peytral green
la · 1922
2 sentences

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.

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.

11934–1934
Matthews v. Continental Casualty Co. neutral
ark · 1906
2 sentences

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

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

11931–1931
Bethea v. Hood neutral
la · 1854
1 sentence

1931Ann. 626 , on a point which bears no analogy to the ease at bar-, and again in Bethea v. Hood, 9 La.

11931–1931
Emerson's v. M'Cullough's Syndics neutral
lasuperct · 1812
1 sentence

1931Ann. 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.

11931–1931
Caffin v. Redon neutral
la · 1851
1 sentence

1930Ann. 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.

11930–1930
Burt v. Davis-Wood Lumber Co. neutral
la · 1924
2 sentences

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.

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.

11928–1928
Succession of Miller neutral
la · 1901
1 sentence

1926Civil 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.

11926–1926
Eckendorff v. Mutual Life Ins. green
la · 1923
2 sentences

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].

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].

11926–1926
Morris v. Great Southern Lumber Co. neutral
la · 1913
2 sentences

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.

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.

11925–1925
State v. Payne neutral
la · 1913
11924–1924
St. Clair County v. Interstate Sand & Car Transfer Co. green
scotus · 1904
11922–1922
Earle v. Pennsylvania green
scotus · 1900
11921–1921
Lopez v. Theriot neutral
la · 1906
11919–1919
United States Casualty Co. v. Kacer green
mo · 1902
11916–1916
White v. Illinois Cent. R. neutral
la · 1905
11913–1913
Morgan's Louisiana & Texas Railroad & Steamship Co. v. Pecot green
la · 1898
11913–1913
Serapurn v. Bousquet neutral
la · 1840
11913–1913
Standard Brewing Co. v. Anderson green
la · 1908
11912–1912
State v. Golden green
· 1905
11909–1909
Woodfolk's Heirs v. Witkowski neutral
la · 1908
11909–1909
Robison v. Texas Pine Land Ass'n neutral
texapp · 1897
11908–1908
Stafford v. Shortreed neutral
iowa · 1883
11899–1899

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:95 (3) LA § La. Rev. Stat. § 14:95.1 (3) LA § La. Rev. Stat. § 3 (3)

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.

Where else courts name it

CA 478 (1874–2021) MO 144 (1860–2015) NY 132 (1843–1980) OK 122 (1901–2010) IA 115 (1879–2006) GA 82 (1900–1963) TX 79 (1868–2014) OR 71 (1894–2025) PA 66 (1882–2017) IN 58 (1866–2012) ID 57 (1886–2013) OH 47 (1884–2011) LA 37 (1899–2015) NM 35 (1896–2010) WY 34 (1894–2017) KY 33 (1899–2007) UT 32 (1901–2016) IL 31 (1865–2001) MI 31 (1915–1973) NJ 30 (1902–2017) WV 29 (1900–2014) AL 24 (1906–2009) AR 23 (1898–1970) MA 23 (1877–1973) MT 23 (1896–1969) CO 22 (1892–2016) TN 22 (1928–2005) FL 21 (1922–2016) MD 19 (1910–2014) MN 19 (1914–2006) HI 17 (1895–2016) NC 16 (1900–1951) RI 15 (1885–2003) AZ 15 (1907–2013) WA 13 (1890–1935) CT 13 (1887–1982) ND 12 (1910–2016) VA 12 (1877–2013) PR 11 (1934–1972) MS 10 (1908–2014) NE 10 (1880–1946) DE 8 (1977–1998) ME 7 (1889–1998) VT 7 (1914–2015) WI 6 (1878–1977) AK 5 (1967–1995) DC 4 (1980–2005) KS 3 (1902–1995) SD 3 (1997–2006) SC 2 (1923–2008)

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.

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