defense-oriented exception (Louisiana) · Go Syfert
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defense-oriented exception in Louisiana

27 Louisiana opinions name it 2 courts 2001–2024 3 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 (3)

CaseFollowedCited
Clark v. State Farm Mut. Auto. Ins. Co.green
la · 2001 · cited in 21 Louisiana opinions naming this issue, 2002–2023
2 sentences

2021The second exception, “a defense-oriented exception, based on acknowledgment[,] … applies when the defendant waives his right to assert abandonment by taking actions inconsistent with an intent to treat the case as abandoned.” Id.

2015The latter change was construed by Melancon “as codifying the defense-oriented waiver exception as a step in the defense.” Clark, 785 So.2d at 788 .

321
Melancon v. Continental Casualty Companygreen
la · 1975 · cited in 2 Louisiana opinions naming this issue, 2001–2006
2 sentences

2006Melancon v. Continental Casualty Co., 307 So.2d 308, 312 (La.1975).

2001Melancon v. Continental Casualty Co., 307 So.2d 308, 312 (La.1975).

22
Janice Dickerson, Individually and as Primary Owner of JMD Services, Inc. v. SNF Holding Companygreen
lactapp · 2023 · cited in 1 Louisiana opinions naming this issue, 2024–2024
1 sentence

2024It then cited two jurisprudential exceptions to the abandonment rule set forth in Clark: (1) the plaintiff-oriented exception, based on the doctrine of contra non valentum, that applies when the failure to prosecute is caused by circumstances beyond the plaintiff’s control; and (2) a defense-oriented exception, based on acknowledgement, that applies when a defendant waives the right to assert abandonment by taking actions inconsistent with an intent to treat the case as abandoned.8 Id., 23-0160, p. 3, 378 So. 3d at 806.

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 (5)

CaseCitedYears
Jackson v. BASF Corp. neutral
lactapp · 2005
2 sentences

2011Jackson v. BASF Corporation, 2004-2777 at p. 5, 927 So.2d at 416 . .

2009Jackson v. BASF Corporation, 2004-2777 at p. 5, 927 So.2d at 416 .

22009–2011
Hutchison v. Seariver Maritime, Inc. green
lactapp · 2009
1 sentence

2024Tammany, 17-0153, p. 5 (La. App. 1 Cir. 10/25/17), 233 So. 3d 58 , 63 ( citing Hutchison, 09-0410, p. 6, 22 So. 3d at 994 ).

12024–2024
Food Perfect, Inc. v. United Fire & Casualty Co. green
la · 2013
1 sentence

2017Co., 12-2492, p. 1 (La. 1/18/13), 106 So.3d 107, 108 . |sThe jurisprudence has recognized only two exceptions—both based on prescription principles—to the abandonment rule; 6 those exceptions are as follows: (1) a plaintiff-oriented exception based on contra non valentem, that applies when failure to prosecute is caused by circumstances beyond the plaintiffs control [the “Plaintiff-Oriented Exception”]; and (2) a defense-oriented exception based on acknowledgment, that applies when the defendant waives his right to assert abandonment by taking actions inconsistent with an intent to treat the c

12017–2017
Lewis v. Jones neutral
lactapp · 2016
1 sentence

2017Clark, 785 So.2d at 784-85 ; Lewis, 193 So.3d at 551 .

12017–2017
Lion Investbanc Corp. v. River Products, Inc. neutral
lactapp · 2002
1 sentence

2010Lion InvestBanc Corp. v. River Products, Inc., 02-481 (La.App. 5 Cir. 10/29/02) ; 831 So.2d 500 , 502 citing Clark, 00-3010, 785 So.2d at 784-785 .

12010–2010

Statutes the citing opinions construe

LA § La. Rev. Stat. § 1 (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.

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