23 Louisiana opinions name it 2 courts 1920–2025 2 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 |
|---|---|---|
Lucas v. Ins. Co. of North Americagreen2 sentences2009R.S. 23:1031 states that, as a threshold requirement, a worker in a compensation action must establish “personal injury by accident arising out of and in the course and scope of his employment.” The Louisiana Supreme Court in Lucas v. Insurance Company of North America, 342 So.2d 591 (La.1977) stated the principle of presumption as to causal connection between accident and injury as follows: A claimant’s disability is presumed to have resulted from an accident the injured was in good health, but commencing with the accident, the symptoms of the disabling condition appear and continuously manif 2009Co. of N. America, 342 So.2d 591, 596 (La.1977), the Louisiana Supreme Court stated the principle of presumption as to causal connection between accident and injury as follows: A claimant’s disability is presumed to have resulted from an accident the injured was in good health, but commencing with the accident, the symptoms of the disabling condition appear and continuously manifest themselves after-wards, providing that the medical evidence shows there to be a reasonable possibility of causal connection between the accident and the disabling condition. | 1 | 2 |
State v. Crossgreen1 sentence2012See State v. Cross, 93-1189, p. 6 (La.6/30/95), 658 So.2d 683, 686 (“Therefore, when a defendant uses all of his peremptory challenges, a trial court’s erroneous ruling depriving him of one of his peremptory challenges constitutes a substantial violation of his constitutional and statutory rights, |srequiring reversal of the conviction and sentence.”) The principle that such error requires reversal of a conviction has been re-stated even after the Taylor decision. | 1 | 1 |
State v. Campbellgreen1 sentence2012See, e.g., State v. Camp bell, 06-0286, p. 70 (La.5/21/08), 983 So.2d 810, 856 ; State v. Lindsey, 06-255 (La.1/17/07), 948 So.2d 105, 107 ; and State v. Juniors, 03-2425, p. 8 (La.6/29/05), 915 So.2d 291, 305 (“Prejudice is presumed when a challenge for cause is erroneously denied by a trial court and a defendant has exhausted his peremptory challenges.”). 1 Notably, the error constitutes reversible error even when the defendant is unable to show that he “was forced to accept an obnoxious juror.” See State v. McIntyre, 365 So.2d 1348, 1351 (La.1978). | 1 | 1 |
State v. Juniorsgreen1 sentence2012See, e.g., State v. Camp bell, 06-0286, p. 70 (La.5/21/08), 983 So.2d 810, 856 ; State v. Lindsey, 06-255 (La.1/17/07), 948 So.2d 105, 107 ; and State v. Juniors, 03-2425, p. 8 (La.6/29/05), 915 So.2d 291, 305 (“Prejudice is presumed when a challenge for cause is erroneously denied by a trial court and a defendant has exhausted his peremptory challenges.”). 1 Notably, the error constitutes reversible error even when the defendant is unable to show that he “was forced to accept an obnoxious juror.” See State v. McIntyre, 365 So.2d 1348, 1351 (La.1978). | 1 | 1 |
State v. McIntyregreen1 sentence2012See, e.g., State v. Camp bell, 06-0286, p. 70 (La.5/21/08), 983 So.2d 810, 856 ; State v. Lindsey, 06-255 (La.1/17/07), 948 So.2d 105, 107 ; and State v. Juniors, 03-2425, p. 8 (La.6/29/05), 915 So.2d 291, 305 (“Prejudice is presumed when a challenge for cause is erroneously denied by a trial court and a defendant has exhausted his peremptory challenges.”). 1 Notably, the error constitutes reversible error even when the defendant is unable to show that he “was forced to accept an obnoxious juror.” See State v. McIntyre, 365 So.2d 1348, 1351 (La.1978). | 1 | 1 |
Petition of Sewerage & Water Board of New Orleansgreen1 sentence1997Petition of the Sewerage and Water Bd. of New Orleans, 278 So.2d 81, 83 (La.1973). | 1 | 1 |
Acosta v. Carygreen1 sentence1982This court itself has previously applied the waiver principle in Acosta v. Cary, 365 So.2d 4, 5 (La.App. 4 Cir. 1978), holding that an employee "must forego his [medical] privacy (insofar only as relevant) in order to claim compensation benefits." We now hold that a spouse who claims freedom from fault must forego his or her privacy in respect to medical evidence that would show the claimant's fault. | 1 | 1 |
Reichert v. Continental Insurance Companygreen1 sentence1976Reichert v. Continental Insurance Company, 290 So.2d 730, 733 (La.App.1st Cir. 1974). | 1 | 1 |
Friede v. Myles Salt Co.green1 sentence1974See also Friede v. Myles Salt Company, La.App., 177 So. 105 (Orl. 1937). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Butler v. Clarke
neutral
2 sentences1935Butler v. Clarke, 44 La. 1925Butler v. Clarke, 44 La. | 2 | 1925–1935 |
Orgeron on Behalf of Orgeron v. McDonald
green
1 sentence2025“The going and coming rule applies nicely when the employee has a fixed place of work, so that his traveling back and forth between his home and his fixed place of work is almost never in the course of employment.” Id. 7 Subsequently, the Louisiana Supreme Court, in McLin, v. Industrial Specialty Contractors, Inc., 02-1539 (La. 7/2/03), 851 So.2d 1135 , a workers’ compensation case, set forth seven exceptions to the going-and-coming rule:4 (1) If the accident happened on the employer’s premises; (2) If the employee was deemed to be on a specific mission for the employer, such as making a trip | 1 | 2025–2025 |
McLin v. Industrial Specialty Contractors
green
2 sentences2025“The going and coming rule applies nicely when the employee has a fixed place of work, so that his traveling back and forth between his home and his fixed place of work is almost never in the course of employment.” Id. 7 Subsequently, the Louisiana Supreme Court, in McLin, v. Industrial Specialty Contractors, Inc., 02-1539 (La. 7/2/03), 851 So.2d 1135 , a workers’ compensation case, set forth seven exceptions to the going-and-coming rule:4 (1) If the accident happened on the employer’s premises; (2) If the employee was deemed to be on a specific mission for the employer, such as making a trip 2025“The going and coming rule applies nicely when the employee has a fixed place of work, so that his traveling back and forth between his home and his fixed place of work is almost never in the course of employment.” Id. 7 Subsequently, the Louisiana Supreme Court, in McLin, v. Industrial Specialty Contractors, Inc., 02-1539 (La. 7/2/03), 851 So.2d 1135 , a workers’ compensation case, set forth seven exceptions to the going-and-coming rule:4 (1) If the accident happened on the employer’s premises; (2) If the employee was deemed to be on a specific mission for the employer, such as making a trip | 1 | 2025–2025 |
Guillory v. Wal-Mart Stores, Inc.
neutral
1 sentence2022App. 3 Cir. 10/3/01), 796 So. 2d 772 , writ denied, 01-2988 (La. 1/25/02), 807 So. 2d 844 , for the principle that the presumption of causation can apply to a claimant who has exhibited symptoms in the distant past, provided that he has suffered no such symptoms immediately prior to the work-related accident. | 1 | 2022–2022 |
Guillory v. Wal-Mart Stores, Inc.
neutral
1 sentence2022App. 3 Cir. 10/3/01), 796 So. 2d 772 , writ denied, 01-2988 (La. 1/25/02), 807 So. 2d 844 , for the principle that the presumption of causation can apply to a claimant who has exhibited symptoms in the distant past, provided that he has suffered no such symptoms immediately prior to the work-related accident. | 1 | 2022–2022 |
State v. Lindsey
green
1 sentence2012See, e.g., State v. Camp bell, 06-0286, p. 70 (La.5/21/08), 983 So.2d 810, 856 ; State v. Lindsey, 06-255 (La.1/17/07), 948 So.2d 105, 107 ; and State v. Juniors, 03-2425, p. 8 (La.6/29/05), 915 So.2d 291, 305 (“Prejudice is presumed when a challenge for cause is erroneously denied by a trial court and a defendant has exhausted his peremptory challenges.”). 1 Notably, the error constitutes reversible error even when the defendant is unable to show that he “was forced to accept an obnoxious juror.” See State v. McIntyre, 365 So.2d 1348, 1351 (La.1978). | 1 | 2012–2012 |
Garnica v. LA STATE UNIV. MEDICAL CENTER
neutral
1 sentence1999Garnica v. Louisiana State University Medical Center, 99-0113 (La.App. 4 Cir. 9/8/99) , 744 So.2d 156 and Fincher v. State, Dept. of Health & Hospitals, 29,640 (La.App. 2 Cir.4/2/97), 691 So.2d 844 applied this principle to a claim under the state malpractice statute. | 1 | 1999–1999 |
Fincher v. State, Dept. of Health & Hosp.
green
1 sentence1999Garnica v. Louisiana State University Medical Center, 99-0113 (La.App. 4 Cir. 9/8/99) , 744 So.2d 156 and Fincher v. State, Dept. of Health & Hospitals, 29,640 (La.App. 2 Cir.4/2/97), 691 So.2d 844 applied this principle to a claim under the state malpractice statute. | 1 | 1999–1999 |
Turner v. Louisiana Department of Highways
neutral
1 sentence1991We also find unpersuasive the court of appeal's reliance on Turner v. Louisiana Department of Highways, 319 So.2d 840 (La.App. 1st Cir.1975). [13] In Turner , the plaintiff owned a tract of land fronting on a state highway and extending back to a bayou. | 1 | 1991–1991 |
State v. Sawyer
green
1 sentence1983Consequently, any error with respect to the jury's finding of an aggravating circumstance, especially an error of constitutional dimensions, must be scrutinized according to whether such finding introduced an element of arbitrariness and capriciousness into the jury's recommendation of death so as to render that sentence constitutionally impermissible. [1] The principle that such an inquiry is integral to the exercise of this court's role of appellate review was recognized and advanced by a majority of this court in the case of State v. Sawyer, 422 So.2d 95 (La. 1982). | 1 | 1983–1983 |
State v. Boettcher
green
1 sentence1976I agree with the principle and the rule announced by this Court in State v. Boettcher, supra, and with the disposition of the instant case. | 1 | 1976–1976 |
Kealoha v. Castle
green
2 sentences1974Kealoha v. Castle, 210 U.S. 149 , 28 S.Ct. 684 , 52 L.Ed. 998 (1908). 1974Kealoha v. Castle, 210 U.S. 149 , 28 S.Ct. 684 , 52 L.Ed. 998 (1908). | 1 | 1974–1974 |
Dupuis v. Patin
green
1 sentence1965(Cases cited.)” In addition counsel for appellee cites Dupuis v. Patin, La.App., 155 So.2d 768 , as authority for the principle that the presumption of validity attending a divorce judgment is greater in case of a collateral attack than in the event of direct attack thereon. | 1 | 1965–1965 |
Bryant v. Parr
green
1 sentence1963Nicolle v. Roberts, La.App., 117 So.2d 622 ; Curry v. Fendt, La.App., 94 So.2d 164 ; Bryant v. Parr, La.App., 86 So.2d 115 . | 1 | 1963–1963 |
Curry v. Fendt
green
1 sentence1963Nicolle v. Roberts, La.App., 117 So.2d 622 ; Curry v. Fendt, La.App., 94 So.2d 164 ; Bryant v. Parr, La.App., 86 So.2d 115 . | 1 | 1963–1963 |
Nicolle v. Roberts
green
1 sentence1963Nicolle v. Roberts, La.App., 117 So.2d 622 ; Curry v. Fendt, La.App., 94 So.2d 164 ; Bryant v. Parr, La.App., 86 So.2d 115 . | 1 | 1963–1963 |
School Board of East Carroll Parish v. School Board of Union Parish
green
1 sentence1961School Board of East Carroll Parish v. School Board of Union Parish, 36 La.Ann. 806 , decided by the Supreme Court of this state in 1884, does not support respondent's contention the principle of sovereign immunity is not available as a defense to a suit instituted by one state agency against another. | 1 | 1961–1961 |
Jarrow v. City of New Orleans
green
2 sentences1939Company, 132 La. 761 , 61 So. 782 , and Jarrow v. City of New Orleans, 168 La. 992 , 123 So. 651 . 1939Company, 132 La. 761 , 61 So. 782 , and Jarrow v. City of New Orleans, 168 La. 992 , 123 So. 651 . | 1 | 1939–1939 |
Harrison v. Louisiana Western R.
green
2 sentences1939Company, 132 La. 761 , 61 So. 782 , and Jarrow v. City of New Orleans, 168 La. 992 , 123 So. 651 . 1939Company, 132 La. 761 , 61 So. 782 , and Jarrow v. City of New Orleans, 168 La. 992 , 123 So. 651 . | 1 | 1939–1939 |
Reeves v. Globe Indemnity Co. of New York
green
2 sentences1935And in the more recent case of Reeves v. Globe Indemnity Co., 182 La. 905 , 162 So. 724 , approving the principle and rule of law involved in the case of Metropolitan Casualty Ins. 1935And in the more recent case of Reeves v. Globe Indemnity Co., 182 La. 905 , 162 So. 724 , approving the principle and rule of law involved in the case of Metropolitan Casualty Ins. | 1 | 1935–1935 |
Lewy v. Wilkinson
neutral
1 sentence1932Ann. 246 ; Lewy v. Wilkinson, 135 La. 107 , 64 So. 1003 .” That case is authority for the principle that the bar of prescription is sometimes removed when a claim is asserted defensively, but in that case the claim pleaded in compensation against the suit on an open account was another open account due by plaintiff to defendant. | 1 | 1932–1932 |
| Lehman, Stern & Co. v. Morgan's Louisiana & Texas R. & S. S. Co. green | 1 | 1920–1920 |
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.