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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.
| Case | Followed | Cited |
|---|---|---|
Clark v. State Farm Mut. Auto. Ins. Co.green2 sentences2023Clark, 2000-3010, p. 7, 785 So.2d at 784-85 . 2018Id. at 784-85 . | 1 | 17 |
Janice Dickerson, Individually and as Primary Owner of JMD Services, Inc. v. SNF Holding Companygreen1 sentence2024It 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. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jackson v. BASF Corp.
neutral
2 sentences2011Jackson 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 . | 2 | 2009–2011 |
Food Perfect, Inc. v. United Fire & Casualty Co.
green
1 sentence2017Co., 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 | 1 | 2017–2017 |
Lewis v. Jones
neutral
1 sentence2017Clark, 785 So.2d at 784-85 ; Lewis, 193 So.3d at 551 . | 1 | 2017–2017 |
Lion Investbanc Corp. v. River Products, Inc.
neutral
1 sentence2010Lion 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 . | 1 | 2010–2010 |
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.