weight presumption (Louisiana) · Go Syfert
← Louisiana issues

weight presumption in Louisiana

21 Louisiana opinions name it 2 courts 1926–2017 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 (6)

CaseFollowedCited
Crochet Equipment Co. v. Board of County Commissioners of Phillips, Coloradogreen
lamd · 1998 · cited in 2 Louisiana opinions naming this issue, 1999–2001
2 sentences

2001Crochet Equipment Co., Inc. v. Board of County Comm'rs of the County of Phillips, Colorado, 20 F.Supp.2d 987, 989 (M.D.La.1998); see also Rogers v. Brown, 986 F.Supp. 354, 359 (M.D.La.1997).

1999Crochet Equipment Company, Inc. v. Board of County Commissioners of the County of Phillips, Colorado, 20 F.Supp.2d 987, 989 (M.D.La.1998).

22
De Reyes v. Marine Mgt. and Consultinggreen
la · 1991 · cited in 3 Louisiana opinions naming this issue, 1995–1996
2 sentences

1996See de Reyes, 586 So.2d at 111 .

1995The burden of production of evidence and persuasion then shifted to the IBT to prove that the exercise of jurisdiction over it is so unreasonable as to overcome the weight of that presumption. deReyes, 586 So.2d at 111 .

13
Succession of Curtisgreen
la · 1926 · cited in 3 Louisiana opinions naming this issue, 1945–1956
2 sentences

1956See Succession of Curtis, 161 La. 1045 , 109 So. 832 ; In re Gray’s Succession, 201 La. 121 , 9 So.2d 481 ; *529 Cameron v. Rowland, 208 La. 663 , 23 So.2d 283 ; and Succession of Gaines, 227 La. 318 , 79 So.2d 322 (this case declares that the weight of the presumption increases with the lapse of time).

1956See Succession of Curtis, 161 La. 1045 , 109 So. 832 ; In re Gray’s Succession, 201 La. 121 , 9 So.2d 481 ; *529 Cameron v. Rowland, 208 La. 663 , 23 So.2d 283 ; and Succession of Gaines, 227 La. 318 , 79 So.2d 322 (this case declares that the weight of the presumption increases with the lapse of time).

13
LaFleur v. Law Offices of Anthony G. Buzbeegreen
lactapp · 2007 · cited in 1 Louisiana opinions naming this issue, 2007–2007
1 sentence

2007App. 1 Cir. 3/23/07), 960 So.2d 105, 113 ("[W]hile we recognize that under federal and state law the weight of the presumption in favor of arbitration is heavy, we find no error in the trial court's conclusion that the arbitration provision in this . . . contract was adhesionary.").

11
Lakeland Anesthesia, Inc. v. Cigna Healthcare of Louisiana, Inc.green
lactapp · 2002 · cited in 1 Louisiana opinions naming this issue, 2006–2006
1 sentence

2006See also Lakeland Anesthesia, Inc. v. CIGNA Healthcare of La., Inc., 01-1059 (La.App. 4 Cir. 2/6/02) , 812 So.2d 695, 698 .

11
Rogers v. Browngreen
lamd · 1997 · cited in 1 Louisiana opinions naming this issue, 2001–2001
1 sentence

2001Crochet Equipment Co., Inc. v. Board of County Comm'rs of the County of Phillips, Colorado, 20 F.Supp.2d 987, 989 (M.D.La.1998); see also Rogers v. Brown, 986 F.Supp. 354, 359 (M.D.La.1997).

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 (13)

CaseCitedYears
Aguillard v. Auction Management Corp. green
la · 2005
2 sentences

2017“The weight of this presumption is heavy and arbitration should not be denied |flunless it can be said with positive assurance that an arbitration clause is not susceptible of an interpretation that could cover the dispute at issue.” Id.

2016Aguillard v. Auction Management Corp., 2004-2804 (La. 6/29/05), 908 So. 2d 1 .

52010–2017
Godfrey v. Rowland neutral
haw · 1905
2 sentences

1955“In Ingersol v. McWillie, 9 Tex.Civ.App. 543 , 30 S.W. 56 ; Shuman v. Shuman, 83 Wis. 250 , S3 N.W. 455; and Godfrey v. Rowland, 16 Hawaii 377 , it is held that— “ ‘The presumption of legitimacy is a constant presumption, and is to have weight and influence throughout the investigation, the weight of the presumption increasing with lapse of time.’ ” ■ Reverting to our own law — Article 952 of the LSA — Civil Code reads: .

1935“In Ingersol v. McWillie, 9 Tex.Civ.App. 543 , 30 S.W. 56 ; Shuman v. Shuman, 83 Wis. 250 , 53 N.W. 455 ; and Godfrey v. Rowland, 16 Hawaii, 377 , it is held that— “ ‘The presumption of legitimacy is a constant presumption, and is to have weight and influence throughout the investigation, the weight of the presumption increasing with lapse of time.’ ” The allegations in plaintiff’s petition that, after what had transpired at the clerk’s office where Ulisse Marinoni, Jr., informed plaintiff’s mother that they were legally married, the parties immediately thereafter cohabited, as man and wife at

31926–1955
Shuman v. Shuman green
wis · 1892
2 sentences

1955“In Ingersol v. McWillie, 9 Tex.Civ.App. 543 , 30 S.W. 56 ; Shuman v. Shuman, 83 Wis. 250 , S3 N.W. 455; and Godfrey v. Rowland, 16 Hawaii 377 , it is held that— “ ‘The presumption of legitimacy is a constant presumption, and is to have weight and influence throughout the investigation, the weight of the presumption increasing with lapse of time.’ ” ■ Reverting to our own law — Article 952 of the LSA — Civil Code reads: .

1935“In Ingersol v. McWillie, 9 Tex.Civ.App. 543 , 30 S.W. 56 ; Shuman v. Shuman, 83 Wis. 250 , 53 N.W. 455 ; and Godfrey v. Rowland, 16 Hawaii, 377 , it is held that— “ ‘The presumption of legitimacy is a constant presumption, and is to have weight and influence throughout the investigation, the weight of the presumption increasing with lapse of time.’ ” The allegations in plaintiff’s petition that, after what had transpired at the clerk’s office where Ulisse Marinoni, Jr., informed plaintiff’s mother that they were legally married, the parties immediately thereafter cohabited, as man and wife at

31926–1955
Ingersol v. McWillie green
texapp · 1895
2 sentences

1955“In Ingersol v. McWillie, 9 Tex.Civ.App. 543 , 30 S.W. 56 ; Shuman v. Shuman, 83 Wis. 250 , S3 N.W. 455; and Godfrey v. Rowland, 16 Hawaii 377 , it is held that— “ ‘The presumption of legitimacy is a constant presumption, and is to have weight and influence throughout the investigation, the weight of the presumption increasing with lapse of time.’ ” ■ Reverting to our own law — Article 952 of the LSA — Civil Code reads: .

1955“In Ingersol v. McWillie, 9 Tex.Civ.App. 543 , 30 S.W. 56 ; Shuman v. Shuman, 83 Wis. 250 , S3 N.W. 455; and Godfrey v. Rowland, 16 Hawaii 377 , it is held that— “ ‘The presumption of legitimacy is a constant presumption, and is to have weight and influence throughout the investigation, the weight of the presumption increasing with lapse of time.’ ” ■ Reverting to our own law — Article 952 of the LSA — Civil Code reads: .

31926–1955
Succession of Anderson green
la · 1932
2 sentences

1945The Supreme Court, in Succession of Curtis, 161 La. 1045 , 109 So. 832 , [834], so held and quoted approvingly this further proposition: “ 'The presumption of legitimacy is a constant presumption, and is to have weight and influence throughout the investigation, the weight of the presumption increasing with lapse of time/ and added, “ ‘The doctrine * * * is applied in every jurisdiction in this country, and it is therefore clear that he who questions the legitimacy of children must prove the facts necessary to sustain his contention.’ “In the Succession of Anderson, 176 La. 66 , 145 So. 270, 2

1945The Supreme Court, in Succession of Curtis, 161 La. 1045 , 109 So. 832 , [834], so held and quoted approvingly this further proposition: “ 'The presumption of legitimacy is a constant presumption, and is to have weight and influence throughout the investigation, the weight of the presumption increasing with lapse of time/ and added, “ ‘The doctrine * * * is applied in every jurisdiction in this country, and it is therefore clear that he who questions the legitimacy of children must prove the facts necessary to sustain his contention.’ “In the Succession of Anderson, 176 La. 66 , 145 So. 270, 2

21945–1945
Boykin v. Jenkins green
la · 1932
2 sentences

1945As was said in Boykin v. Jenkins, 174 La. 335 , 140 So. 495 , 497: “ ‘ “A presumption of legitimacy arises also from proof of legitimate filiation.

1945As was said in Boykin v. Jenkins, 174 La. 335 , 140 So. 495 , 497: “ ‘ “A presumption of legitimacy arises also from proof of legitimate filiation.

21945–1945
State v. Harris neutral
lactapp · 1999
1 sentence

2008State v. Harris, 1998-2113 (La.App. 1 Cir. 6/25/99) , 739 So.2d 312 .

12008–2008
Dufrene v. HBOS MFG., LP green
lactapp · 2004
1 sentence

2005Id.

12005–2005
Hillman v. Comm-Care, Inc. green
la · 2002
1 sentence

2005For example, in Hillman, 805 So.2d 1157 , the supreme court had to determine whether or not a beautician providing on-site services to nursing home residents was an employee of the nursing home and, therefore, entitled to workers' compensation benefits.

12005–2005
Cameron v. Rowland neutral
la · 1945
1 sentence

1956See Succession of Curtis, 161 La. 1045 , 109 So. 832 ; In re Gray’s Succession, 201 La. 121 , 9 So.2d 481 ; *529 Cameron v. Rowland, 208 La. 663 , 23 So.2d 283 ; and Succession of Gaines, 227 La. 318 , 79 So.2d 322 (this case declares that the weight of the presumption increases with the lapse of time).

11956–1956
In Re Gray's Succession neutral
la · 1942
2 sentences

1956See Succession of Curtis, 161 La. 1045 , 109 So. 832 ; In re Gray’s Succession, 201 La. 121 , 9 So.2d 481 ; *529 Cameron v. Rowland, 208 La. 663 , 23 So.2d 283 ; and Succession of Gaines, 227 La. 318 , 79 So.2d 322 (this case declares that the weight of the presumption increases with the lapse of time).

1956See Succession of Curtis, 161 La. 1045 , 109 So. 832 ; In re Gray’s Succession, 201 La. 121 , 9 So.2d 481 ; *529 Cameron v. Rowland, 208 La. 663 , 23 So.2d 283 ; and Succession of Gaines, 227 La. 318 , 79 So.2d 322 (this case declares that the weight of the presumption increases with the lapse of time).

11956–1956
Cameron v. Rowland. neutral
la · 1945
1 sentence

1956See Succession of Curtis, 161 La. 1045 , 109 So. 832 ; In re Gray’s Succession, 201 La. 121 , 9 So.2d 481 ; *529 Cameron v. Rowland, 208 La. 663 , 23 So.2d 283 ; and Succession of Gaines, 227 La. 318 , 79 So.2d 322 (this case declares that the weight of the presumption increases with the lapse of time).

11956–1956
Succession of Gaines green
la · 1955
2 sentences

1956See Succession of Curtis, 161 La. 1045 , 109 So. 832 ; In re Gray’s Succession, 201 La. 121 , 9 So.2d 481 ; *529 Cameron v. Rowland, 208 La. 663 , 23 So.2d 283 ; and Succession of Gaines, 227 La. 318 , 79 So.2d 322 (this case declares that the weight of the presumption increases with the lapse of time).

1956See Succession of Curtis, 161 La. 1045 , 109 So. 832 ; In re Gray’s Succession, 201 La. 121 , 9 So.2d 481 ; *529 Cameron v. Rowland, 208 La. 663 , 23 So.2d 283 ; and Succession of Gaines, 227 La. 318 , 79 So.2d 322 (this case declares that the weight of the presumption increases with the lapse of time).

11956–1956

Statutes the citing opinions construe

LA § La. Rev. Stat. § 9:4201 (9) LA § La. Rev. Stat. § 9:4202 (5) USC § 9u.s.c.1 (5) USC § 9u.s.c.2 (5) LA § La. Rev. Stat. § 9:4203 (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

PA 1754 (1953–2026) NY 37 (1930–2026) TX 27 (1983–2025) IL 24 (1895–2026) LA 21 (1926–2017) OH 20 (1982–2026) NJ 12 (1959–2024) CA 12 (1863–2023) WA 12 (1955–2023) MI 8 (1972–2025) IA 7 (1970–2026) NC 6 (1969–2022) OR 6 (1989–2021) TN 6 (1973–2025) ID 5 (1988–2024) MD 5 (1969–2006) IN 5 (1986–2020) DE 5 (2010–2021) GA 5 (2005–2018) SD 5 (1984–2024) WI 4 (1998–2025) FL 4 (1976–1984) AZ 4 (2003–2005) MT 3 (2006–2016) CT 3 (2007–2017) AL 3 (1987–1997) MN 3 (1923–2010) MO 3 (1999–2022) KY 3 (1946–2022) MA 2 (1985–2014) DC 2 (1992–1992) ND 2 (1989–2015) NM 2 (1992–2026) VA 2 (1914–2018) NE 2 (1993–1995) WY 2 (2022–2023) MS 2 (1999–2001) RI 2 (1981–2000)

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.

← Caselaw search · G Cite Topics · Brief Check