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

21 Louisiana opinions name it 2 courts 2002–2024 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.

Followed or applied (2)

CaseFollowedCited
Clark v. State Farm Mut. Auto. Ins. Co.green
la · 2001 · cited in 17 Louisiana opinions naming this issue, 2002–2023
2 sentences

2023Clark, 2000-3010, p. 7, 785 So.2d at 784-85 .

2018Id. at 784-85 .

117
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 (4)

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
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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