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28 Louisiana opinions name it 2 courts 1993–2022 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 |
|---|---|---|
Rick v. STATE, DOTDgreen2 sentences1997The Louisiana Supreme Court in Rick v. State, Dept. of Transp. and Development, 630 So.2d 1271, 1275 (La.1994) stated that: Causation is a fact specific inquiry. 1996The Louisiana Supreme Court in Rick v. State, Dept. of Transp. and Development, 630 So.2d 1271, 1275 (La.1994) stated that: | ^Causation is a fact specific inquiry. | 2 | 7 |
Davis & Sons, Inc. v. Gulf Oil Corporationgreen2 sentences2006As this court in Fontenot correctly pointed out: In Davis & Sons, Inc. v. Gulf Oil Corp., 919 F.2d 313, 316 (5 Cir.1990) (emphasis added), the United States Fifth Circuit adopted the following inquiry for determining whether a contract is maritime or not: Determination of the nature of a contract depends in part on historical treatment in the jurisprudence and in part on a fact-specific inquiry. 1993Domingue v. Ocean Drilling and Exploration Company, 923 F.2d 393, 395-96 (5th Cir.1991), cert. denied ___ U.S. ___, 112 S.Ct. 874 , 116 L.Ed.2d 779 (1992) quoting from Davis & Sons Inc. v. Gulf Oil Corporation, 919 F.2d 313, 316 (5th Cir. 1990). | 2 | 2 |
LSREF2 Baron, L.L.C. v. Tauchgreen1 sentence2022App. 1 Cir. 4/16/21); 324 So.3d 626 , 633, writ denied, 21-688 (La. 9/27/21); 324 So.3d 87 . “[A] claim is not automatically an affirmative defense simply because it falls within an enumerated category; it is a fact-specific inquiry, dependent on the circumstances of a case.” LSREF2 Baron, L.L.C. v. Tauch, 751 F.3d 394, 398 (5th Cir. 2014) Under La. | 1 | 1 |
Ronald J. Domingue v. Ocean Drilling and Exploration Company v. Dimensional Oilfield Services, Inc.green1 sentence1993Domingue v. Ocean Drilling and Exploration Company, 923 F.2d 393, 395-96 (5th Cir.1991), cert. denied ___ U.S. ___, 112 S.Ct. 874 , 116 L.Ed.2d 779 (1992) quoting from Davis & Sons Inc. v. Gulf Oil Corporation, 919 F.2d 313, 316 (5th Cir. 1990). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Langlois
green
2 sentences2014The Simmons court also recognized that “[t]he application of the Broussard doctrine is a fact-specific inquiry depending on the particular circumstances of each case.” Id. at pp. 12-13, 126 So.3d 692 (quoting State v. Langlois, 96-0084, pp. 3-4 (La.App. 4 Cir. 5/21/97), 695 So.2d 540, 543 ). 2013In so finding, this court reasoned that “[t]he application of |1sthe Broussard doctrine is a fact-specific inquiry depending on the particular circumstances of each case.” Id., 96-0084 at p. 4, 695 So.2d at 543 . 13 Two types of delays can be attributable to the State in the instant case-the delayed filing of the multiple bill of information and the delayed scheduling of the multiple bill hearing. | 3 | 1998–2014 |
Hill v. Abraham
green
2 sentences2014Hill v. Abraham, 00-327 (La.App. 5 Cir. 9/26/00) , 770 So.2d 824, 828 . 2004Id. at 828 . | 2 | 2004–2014 |
State v. McNeal
green
2 sentences2003State v. McNeal, 99-1265, p. 7 (La.App. 4 Cir. 6/14/00), 765 So.2d 1113, 1117 , writ denied, 2000-2134 (La.9/28/01), 797 So.2d 684 . 2001State v. McNeal, 99-1265 (La.App. 4 Cir. 6/14/00) , 765 So.2d 1113 . | 2 | 2001–2003 |
Graves v. Page
green
2 sentences2000Graves v. Page, 96-2201 (La.11/7/97), 703 So.2d 566 . 1999Graves v. Page, 96-2201 (La. 11/07/97), 703 So.2d 566 . | 2 | 1999–2000 |
State v. Morris
neutral
2 sentences2000As stated in State v. Morris, 94-0553 (La.App. 4 Cir. 11/17/94) , 645 So.2d 1295 , application of the Broussard doctrine is a fact-specific inquiry which depends upon the particular circumstances of each case. 2000As stated in State v. Morris, 94-0553 (La.App. 4 Cir. 11/17/94) , 645 So.2d 1295 , application of the Broussard doctrine is a fact-specific inquiry which depends upon the particular circumstances of each case. | 2 | 1998–2000 |
State v. Simmons
green
1 sentence2014The Simmons court also recognized that “[t]he application of the Broussard doctrine is a fact-specific inquiry depending on the particular circumstances of each case.” Id. at pp. 12-13, 126 So.3d 692 (quoting State v. Langlois, 96-0084, pp. 3-4 (La.App. 4 Cir. 5/21/97), 695 So.2d 540, 543 ). | 1 | 2014–2014 |
Richardson v. American Cyanamid Co.
green
1 sentence2012“The issue of causation is a fact specific inquiry and we are called to decide whether the factfinder’s conclusion is reasonable.” Richardson , 99-675-99-682, p. 18, 757 So.2d at 144 . | 1 | 2012–2012 |
Kelly v. CNA Ins. Co.
green
1 sentence2006Plaintiffs recognize that the court in Kelly stated that "[t]he employer's arbitrary denial or delay of medical treatment would not result in death or a significant worsening of the employee's condition." Kelly, 729 So.2d at 1038-39 . | 1 | 2006–2006 |
Orthopaedic Clinic of Monroe v. Ruhl
neutral
1 sentence2005Mr. Wild argues that Minnie bore the burden of proof of causation at trial and "failed miserably [in meeting that burden]." He points to Orthopaedic Clinic of Monroe v. Ruhl, 34,700 (La.App.2d Cir.5/11/01), 786 So.2d 323 , writ denied, 01-1727 (La.10/5/01) 798 So.2d 970 , in which this court stated: Causation is a fact-specific inquiry and the issue to be resolved is whether the factfinder's conclusion is a reasonable one ... when two reasonable views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. | 1 | 2005–2005 |
Orthopaedic Clinic of Monroe v. Ruhl
green
1 sentence2005Mr. Wild argues that Minnie bore the burden of proof of causation at trial and "failed miserably [in meeting that burden]." He points to Orthopaedic Clinic of Monroe v. Ruhl, 34,700 (La.App.2d Cir.5/11/01), 786 So.2d 323 , writ denied, 01-1727 (La.10/5/01) 798 So.2d 970 , in which this court stated: Causation is a fact-specific inquiry and the issue to be resolved is whether the factfinder's conclusion is a reasonable one ... when two reasonable views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. | 1 | 2005–2005 |
State v. Wade
green
1 sentence2003State v. McNeal, 99-1265, p. 7 (La.App. 4 Cir. 6/14/00), 765 So.2d 1113, 1117 , writ denied, 2000-2134 (La.9/28/01), 797 So.2d 684 . | 1 | 2003–2003 |
Barras v. Hebert
neutral
1 sentence2002Barras v. Hebert[, , 602 So.2d 186 (La.App. 3d Cir.1992.)], supra. Plaintiff has the burden of proving every essential element of his tort case, including cause-in-fact, by a preponderance of the evidence. [11] Causation is a fact specific inquiry. | 1 | 2002–2002 |
Holmes v. Daybrook Fisheries, Inc.
neutral
1 sentence2001Id. | 1 | 2001–2001 |
State v. Broussard
green
1 sentence2000In State v. Broussard, 416 So.2d at 111 , the multiple bill was filed thirteen months after sentencing and three months before the defendant was eligible for parole. | 1 | 2000–2000 |
Crane v. Diamond Offshore Drilling, Inc.
green
1 sentence2000Rick v. State, Dept. of Transp. and Development, 93-1776, at 7-8 (La.1/14/94), 630 So.2d 1271, 1275 ; Crane , 99-166 at 20, 743 So.2d at 793 . | 1 | 2000–2000 |
State ex rel. Van Winkle v. State
neutral
1 sentence1998State v. Langlois, 96-0084 (La.App. 4th Cir. 5/21/97), 695 So.2d 540 , writ granted in part on other grounds, 97-1491 (La.11/14/97), 703 So.2d 1281 . | 1 | 1998–1998 |
Lima v. Schmidt
green
1 sentence1997Lima, supra. A tacit acknowledgment occurs when a debtor performs acts of reparation or indemnity, makes an unconditional offer or payment, or lulls the creditor into beheving he will not contest HabiHty. | 1 | 1997–1997 |
Jesse F. McWilliams v. Texaco, Inc.
green
1 sentence1995The United States Court of Appeals, Fifth Circuit expounded on the issue of maintenance in McWilliams v. Texaco, Inc., 781 F.2d 514 (5th Cir.1986), where at 518 it stated: Evidence of a seamen’s actual expenses during his incapacity is certainly a relevant starting point in this fact-specific inquiry, but is not necessarily a sufficient finish line. | 1 | 1995–1995 |
Liberty Mutual Insurance v. States
green
1 sentence1993Domingue v. Ocean Drilling and Exploration Company, 923 F.2d 393, 395-96 (5th Cir.1991), cert. denied ___ U.S. ___, 112 S.Ct. 874 , 116 L.Ed.2d 779 (1992) quoting from Davis & Sons Inc. v. Gulf Oil Corporation, 919 F.2d 313, 316 (5th Cir. 1990). | 1 | 1993–1993 |
Dade v. Cannatella
green
1 sentence1993Domingue v. Ocean Drilling and Exploration Company, 923 F.2d 393, 395-96 (5th Cir.1991), cert. denied ___ U.S. ___, 112 S.Ct. 874 , 116 L.Ed.2d 779 (1992) quoting from Davis & Sons Inc. v. Gulf Oil Corporation, 919 F.2d 313, 316 (5th Cir. 1990). | 1 | 1993–1993 |
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.