23 Louisiana opinions name it 2 courts 1999–2023 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 |
|---|---|---|
Sharbono v. Steve Lang & Son Loggersgreen2 sentences2006Sharbono , 97-0110 at p. 11, 696 So.2d at 1389 . 2004Sharbono , 97-0110 at 11, 696 So.2d at 1389 (penalties and fees are never assessed automatically against the losing party); Williams , 98-2271 at 9, 737 So.2d at 46 . | 4 | 9 |
JE Merit Constructors, Inc. v. Hickmangreen2 sentences2016Merit Constructors, Inc. v. Hickman, 00-943 (La. 1/17/01), 776 So.2d 435, 437-38 . 1 Penalties and attorney’s fees should not be imposed in doubtful cases, where a bona fide dispute exists as to the employee’s entitlement to benefits, and the mere fact that an employer loses a disputed claim is not determinative. 2003“Attorney’s fees should not be imposed in doubtful cases, where a bona fide dispute exists as to the employee’s entitlement to benefits, and the mere fact that an employer loses a disputed claim is not determinative.” Id. | 1 | 4 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Williams v. Rush Masonry, Inc.
green
2 sentences2023Williams v. Rush Masonry, Inc., 98-2271 (La. 6/29/99), 737 So. 2d 41 . 2006Sharbono , 97-0110 at 11, 696 So.2d at 1389 (penalties and fees are never assessed automatically against the losing party); Williams , 98-2271 at 9, 737 So.2d at 46 . | 6 | 1999–2023 |
Redler v. Giorlando's Restaurant Corp.
neutral
2 sentences2012Id. 2011Id. | 2 | 2011–2012 |
Winters v. City of Shreveport
neutral
2 sentences2003Sharbono , 97-0110 at 11, 696 So.2d at 1389 (penalties and fees are never assessed automatically against the losing party); Winters v. City of Shreveport, 257 La. 245 , 242 So.2d 236 (1970); Eaves v. Louisiana Cypress Lumber Co., 253 La. 741 , 219 So.2d 771 (1969). 2003Sharbono , 97-0110 at 11, 696 So.2d at 1389 (penalties and fees are never assessed automatically against the losing party); Winters v. City of Shreveport, 257 La. 245 , 242 So.2d 236 (1970); Eaves v. Louisiana Cypress Lumber Co., 253 La. 741 , 219 So.2d 771 (1969). | 2 | 1999–2003 |
Eaves v. Louisiana Cypress Lumber Company
neutral
2 sentences2003Sharbono , 97-0110 at 11, 696 So.2d at 1389 (penalties and fees are never assessed automatically against the losing party); Winters v. City of Shreveport, 257 La. 245 , 242 So.2d 236 (1970); Eaves v. Louisiana Cypress Lumber Co., 253 La. 741 , 219 So.2d 771 (1969). 2003Sharbono , 97-0110 at 11, 696 So.2d at 1389 (penalties and fees are never assessed automatically against the losing party); Winters v. City of Shreveport, 257 La. 245 , 242 So.2d 236 (1970); Eaves v. Louisiana Cypress Lumber Co., 253 La. 741 , 219 So.2d 771 (1969). | 2 | 1999–2003 |
Adams v. Bayou Steel Corp.
neutral
1 sentence2018Id. | 1 | 2018–2018 |
Quave v. Airtrol, Inc.
neutral
1 sentence2016Quave v. Airtrol, Inc., 11-1182, p. 11 (La.App. 1 Cir. 6/8/12), 93 So.3d 733, 740 , Pursuant to La. | 1 | 2016–2016 |
Richert v. Schindler Elevator Corp.
green
1 sentence2013The crucial inquiry is whether the employer had an articulable and objective reason for denying or discontinuing benefits at the time it took that action. [Citations omitted.] Richert v. Schindler Elevator Corp., 11-1099, pp. 9-10 (La.App. 5 Cir. 6/28/12), 97 So.3d 487, 493 , writ denied, 2012-1760 (La. 11/2/12), 99 So.3d 677 . | ^Considering the Reasons for Judgment given by the workers’ compensation judge, we are unable to find the court was manifestly erroneous in determining the employer here did not reasonably controvert the claim and, hence, that the claimant is entitled to statutory pen | 1 | 2013–2013 |
Lopez v. Fountain
neutral
1 sentence2013The crucial inquiry is whether the employer had an articulable and objective reason for denying or discontinuing benefits at the time it took that action. [Citations omitted.] Richert v. Schindler Elevator Corp., 11-1099, pp. 9-10 (La.App. 5 Cir. 6/28/12), 97 So.3d 487, 493 , writ denied, 2012-1760 (La. 11/2/12), 99 So.3d 677 . | ^Considering the Reasons for Judgment given by the workers’ compensation judge, we are unable to find the court was manifestly erroneous in determining the employer here did not reasonably controvert the claim and, hence, that the claimant is entitled to statutory pen | 1 | 2013–2013 |
Walker v. Bossier Medical Center
green
1 sentence2009Trahan v. Coca Cola Bottling, supra; Langley v. Pe-tro Star Corp. of La., supra. Penalties should not be imposed in doubtful cases, where a bona fide dispute exists as to the claimant’s entitlement to benefits, and the mere fact that an employer loses a disputed claim is not determinative. | 1 | 2009–2009 |
Balsamo v. Jones
green
1 sentence2007Balsamo v. Jones, 28,885 (La.App.2d Cir.12/11/96), 685 So.2d 1140 , Attorney's fees should not be imposed in doubtful cases, where a bona fide dispute exists as to the employee's entitlement to benefits, and the mere fact that an employer loses a disputed claim is not determinative. | 1 | 2007–2007 |
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.