Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
20 Louisiana opinions name it 2 courts 1983–2019 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.
| Case | Followed | Cited |
|---|---|---|
William C. Davis v. Ernest L. Parkergreen2 sentences2003We found § 9:5628 inapplicable based on the nature of the plaintiff's action—a strict products liability claim arising out of the sale of defective blood—"[d]espite the close relationship between `patient care' and the provision of blood to a patient." Davis v. Parker, 58 F.3d 183, 188 (5th Cir.1995). 2001The ultimate result in Branch is significant because it held § 5628 inapplicable based on the nature of the plaintiff's action—a strict products liability claim arising out of the sale of defective blood—"[d]espite the close relationship between `patient care' and the provision of blood to a patient." Davis v. Parker, 58 F.3d 183, 188 (5th Cir.1995). [11] The Branch court rejected the court of appeal's broad construction of § 5628 reasoning that "there is no evidence that the legislature intended by R.S. 9:5628 to curb any type of litigation other that traditional malpractice actions" and "bec | 2 | 2 |
Branch v. Willis-Knighton Medical Centergreen2 sentences2003The Branch court rejected the court of appeal's broad construction of § 9:5628 reasoning that "there is no evidence that the legislature intended by R.S. 9:5628 to curb any type of litigation other than traditional malpractice actions" and, "because the statute grants immunities or advantages to a special class in derogation of the general rights available to tort victims, it must be strictly construed against limiting the tort claimants' rights against the wrongdoer." Branch , 92-3086 at pp. 9, 14, 636 So.2d at 215, 217 . 2001The ultimate result in Branch is significant because it held § 5628 inapplicable based on the nature of the plaintiff's action—a strict products liability claim arising out of the sale of defective blood—"[d]espite the close relationship between `patient care' and the provision of blood to a patient." Davis v. Parker, 58 F.3d 183, 188 (5th Cir.1995). [11] The Branch court rejected the court of appeal's broad construction of § 5628 reasoning that "there is no evidence that the legislature intended by R.S. 9:5628 to curb any type of litigation other that traditional malpractice actions" and "bec | 2 | 2 |
Halphen v. Johns-Manville Sales Corp.green2 sentences1996In Halphen v. Johns-Manville Sates Corp., 484 So.2d 110 (La.1986), our Supreme Court recognized "failure to warn" as one theory of recovery in a products liability claim. 1995PRODUCTS LIABILITY CLAIM [1] The applicable law in this products liability case is that set out in Halphen v. Johns-Manville Sales Corp., 484 So.2d 110 (La.1986). [2] To recover from a manufacturer on a products liability claim, the plaintiff must prove that the harm resulted from the condition of the product, that the condition made the product unreasonably dangerous to normal use, and that the condition existed at the time the product left the manufacturer's control. | 1 | 2 |
Delphen v. Dept. of Transp. & Dev.green1 sentence2003See, e.g., Delphen v. Department of Transportation and Development, 94-1261 (La.App. 4 Cir. 5/24/95) , 657 So.2d 328 (misleading jury instructions with respect to a products liability claim require a de novo review of the record with respect to the apportionment of fault). | 1 | 1 |
Asbestos v. Bordelon, Inc.green1 sentence2002Asbestos v. Bordelon, Inc., 96-0525, p. 16 (La.App. 4 Cir. 10/21/98); 726 So.2d 926, 942 (emphasis in original). | 1 | 1 |
Tri-State Etc. v. Fid. & Cas. Ins. Etc.green1 sentence1985Co., 364 So.2d 657, 661 (La.App. 2d Cir.1978), writ denied, 365 So.2d 248 (La.1978) (victim fault, measured by elements of assumption of risk, bars recovery in a products liability case); Lewis v. Timco, Inc., 716 F.2d 1425 (5th Cir.1983) (on rehearing en banc) (recognition of comparative fault in maritime products liability will not "frustrate" a dedicated state policy); see also Lewis v. Timco, Inc., 697 F.2d 1252 (5th Cir.1983) and 736 F.2d 163 (5th Cir.1984); LeBouef v. Goodyear Tire & Rubber Co., 623 F.2d 985, 991 (5th Cir.1980) (contributory negligence is not a defense to a strict produc | 1 | 1 |
Lillie Mae Lebouef v. The Goodyear Tire & Rubber Company, Travelers Insurance Company v. Ford Motor Companygreen1 sentence1985Co., 364 So.2d 657, 661 (La.App. 2d Cir.1978), writ denied, 365 So.2d 248 (La.1978) (victim fault, measured by elements of assumption of risk, bars recovery in a products liability case); Lewis v. Timco, Inc., 716 F.2d 1425 (5th Cir.1983) (on rehearing en banc) (recognition of comparative fault in maritime products liability will not "frustrate" a dedicated state policy); see also Lewis v. Timco, Inc., 697 F.2d 1252 (5th Cir.1983) and 736 F.2d 163 (5th Cir.1984); LeBouef v. Goodyear Tire & Rubber Co., 623 F.2d 985, 991 (5th Cir.1980) (contributory negligence is not a defense to a strict produc | 1 | 1 |
Alfred Lewis, Cross-Appellee v. Timco, Inc. v. Joy Manufacturing, Cross-Appellantgreen1 sentence1985Co., 364 So.2d 657, 661 (La.App. 2d Cir.1978), writ denied, 365 So.2d 248 (La.1978) (victim fault, measured by elements of assumption of risk, bars recovery in a products liability case); Lewis v. Timco, Inc., 716 F.2d 1425 (5th Cir.1983) (on rehearing en banc) (recognition of comparative fault in maritime products liability will not "frustrate" a dedicated state policy); see also Lewis v. Timco, Inc., 697 F.2d 1252 (5th Cir.1983) and 736 F.2d 163 (5th Cir.1984); LeBouef v. Goodyear Tire & Rubber Co., 623 F.2d 985, 991 (5th Cir.1980) (contributory negligence is not a defense to a strict produc | 1 | 1 |
Alfred Lewis, Cross-Appellee v. Timco, Inc. v. Joy Manufacturing, Cross-Appellantgreen1 sentence1985Co., 364 So.2d 657, 661 (La.App. 2d Cir.1978), writ denied, 365 So.2d 248 (La.1978) (victim fault, measured by elements of assumption of risk, bars recovery in a products liability case); Lewis v. Timco, Inc., 716 F.2d 1425 (5th Cir.1983) (on rehearing en banc) (recognition of comparative fault in maritime products liability will not "frustrate" a dedicated state policy); see also Lewis v. Timco, Inc., 697 F.2d 1252 (5th Cir.1983) and 736 F.2d 163 (5th Cir.1984); LeBouef v. Goodyear Tire & Rubber Co., 623 F.2d 985, 991 (5th Cir.1980) (contributory negligence is not a defense to a strict produc | 1 | 1 |
Ibrahim K. Khoder v. Amf, Inc., and Walgreen Louisiana Company, Inc., D/B/A Globe Discount Citygreen1 sentence1985Co., 364 So.2d 657, 661 (La.App. 2d Cir.1978), writ denied, 365 So.2d 248 (La.1978) (victim fault, measured by elements of assumption of risk, bars recovery in a products liability case); Lewis v. Timco, Inc., 716 F.2d 1425 (5th Cir.1983) (on rehearing en banc) (recognition of comparative fault in maritime products liability will not "frustrate" a dedicated state policy); see also Lewis v. Timco, Inc., 697 F.2d 1252 (5th Cir.1983) and 736 F.2d 163 (5th Cir.1984); LeBouef v. Goodyear Tire & Rubber Co., 623 F.2d 985, 991 (5th Cir.1980) (contributory negligence is not a defense to a strict produc | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Weber v. Fidelity & Casualty Insurance Co. of NY
green
2 sentences1983Co. of N.Y., 259 La. 599 , 250 So.2d 754 (La.1971), set forth the elements of a products liability claim in Louisiana. 1983Co. of N.Y., 259 La. 599 , 250 So.2d 754 (La.1971), set forth the elements of a products liability claim in Louisiana. | 4 | 1983–1986 |
Oatis v. Catalytic, Inc.
green
2 sentences1989Oatis v. Catalytic, Inc., 433 So.2d 328 (La.App. 3d Cir.), writs denied, 441 So.2d 210 and 441 So.2d 215 (La.1983). 1986Oatis v. Catalytic, Inc., 433 So.2d 328 (La.App. 3rd Cir.1983), writs denied, 441 So.2d 210 and 441 So.2d 215 ; Weber v. Fidelity & Casualty Insurance Company of N.Y., 259 La.599, 250 So.2d 754 (La. 1971) . | 3 | 1985–1989 |
Oatis v. Catalytic, Inc.
neutral
2 sentences1989Oatis v. Catalytic, Inc., 433 So.2d 328 (La.App. 3d Cir.), writs denied, 441 So.2d 210 and 441 So.2d 215 (La.1983). 1986Oatis v. Catalytic, Inc., 433 So.2d 328 (La.App. 3rd Cir.1983), writs denied, 441 So.2d 210 and 441 So.2d 215 ; Weber v. Fidelity & Casualty Insurance Company of N.Y., 259 La.599, 250 So.2d 754 (La. 1971) . | 3 | 1985–1989 |
Wright v. Louisiana Power & Light
neutral
2 sentences1989Oatis v. Catalytic, Inc., 433 So.2d 328 (La.App. 3d Cir.), writs denied, 441 So.2d 210 and 441 So.2d 215 (La.1983). 1986Oatis v. Catalytic, Inc., 433 So.2d 328 (La.App. 3rd Cir.1983), writs denied, 441 So.2d 210 and 441 So.2d 215 ; Weber v. Fidelity & Casualty Insurance Company of N.Y., 259 La.599, 250 So.2d 754 (La. 1971) . | 3 | 1985–1989 |
Exxon Corporation v. Foster Wheeler Corporation
green
2 sentences2019App. 1 Cir. 12/28/01), 805 So.2d 432 , writ denied , 2002-0261 (La. 3/28/02), 812 So.2d 633 , in which the court applied § 2772 to dismiss a products liability claim arising out of a pipe fitting that was installed in 1963, malfunctioned and caused a fire in 1993, and was the subject of a lawsuit in 1994. 2019App. 1 Cir. 12/28/01), 805 So.2d 432 , writ denied , 2002-0261 (La. 3/28/02), 812 So.2d 633 , in which the court applied § 2772 to dismiss a products liability claim arising out of a pipe fitting that was installed in 1963, malfunctioned and caused a fire in 1993, and was the subject of a lawsuit in 1994. | 2 | 2019–2019 |
Exxon Corp. v. Foster Wheeler Corp.
green
2 sentences2019App. 1 Cir. 12/28/01), 805 So.2d 432 , writ denied , 2002-0261 (La. 3/28/02), 812 So.2d 633 , in which the court applied § 2772 to dismiss a products liability claim arising out of a pipe fitting that was installed in 1963, malfunctioned and caused a fire in 1993, and was the subject of a lawsuit in 1994. 2019App. 1 Cir. 12/28/01), 805 So.2d 432 , writ denied , 2002-0261 (La. 3/28/02), 812 So.2d 633 , in which the court applied § 2772 to dismiss a products liability claim arising out of a pipe fitting that was installed in 1963, malfunctioned and caused a fire in 1993, and was the subject of a lawsuit in 1994. | 2 | 2019–2019 |
Lawson v. Mitsubishi Motor Sales of America
green
2 sentences2008Discussion The supreme court observed in Lawson v. Mitsubishi Motor Sales of America, Inc., 05-257, pp. 7-8 (La.9/6/06), 938 So.2d 35, 40 , that “[a] products liability claim is, by its own nature, extremely ‘fact-intensive,’ and as such, the heart of [a plaintiffs] claim lies with the sufficiency of the evidence submitted at trial.” Pursuant to La.R.S. 9:2800.54(A), a plaintiff who asserts a products liability claim must prove that the damage for which he seeks to recover was “proximately |4caused by a characteristic of the product that renders the product unreasonably dangerous.” The supreme 2008Id. | 1 | 2008–2008 |
MacDonald v. General Motors Corp.
green
1 sentence2002The court held that "[t]o prevent General Motors from introducing evidence that the Plaintiffs' injuries were the result of being thrown from the van would be taking a step toward the imposition of absolute liability." 784 F.Supp. at 499 . | 1 | 2002–2002 |
Young v. Logue
green
1 sentence1997After protracted litigation, Young settled the executive officers actions, and was eventually awarded over $1,000,000.00 by a jury on the products liability claims, see Young v. Logue, 94-0585 (La.App. 4th Cir. 5/16/95), 660 So.2d 32 . | 1 | 1997–1997 |
Newman v. General Motors Corp.
green
1 sentence1989Newman v. General Motors Corp., 524 So.2d 207 (La.App. 4th Cir.1988). *1279 PUNITIVE DAMAGES Punitive damages are available under the general maritime tort law. | 1 | 1989–1989 |
Horne v. Liberty Furniture Co.
green
1 sentence1986Once the plaintiff has established the elements of a products liability claim, only a showing by defendant of the assumption of the risk by the plaintiff will bar a recovery." (citations omitted) Id. at 208 . | 1 | 1986–1986 |
Bell v. Jet Wheel Blast, Div. of Ervin Industries
green
1 sentence1985Restatement Second of Torts § 402A; Bell v. Jet Wheel Blast, Div. of Ervin Ind., 462 So.2d 166 (La.1985). | 1 | 1985–1985 |
Chaney v. Brupbacher
green
1 sentence1985Like the majority, I would respond in the negative relying on such cases as Chaney v. Brupbacher, 242 So.2d 627 (La.App. 4 Cir.1970); and O'Keefe v. Warner, 288 So.2d 911 (La.App. 1 Cir.1973). | 1 | 1985–1985 |
Alfred Lewis, Cross-Appellee v. Timco, Inc. v. Joy Manufacturing, Cross-Appellant
green
1 sentence1985Co., 364 So.2d 657, 661 (La.App. 2d Cir.1978), writ denied, 365 So.2d 248 (La.1978) (victim fault, measured by elements of assumption of risk, bars recovery in a products liability case); Lewis v. Timco, Inc., 716 F.2d 1425 (5th Cir.1983) (on rehearing en banc) (recognition of comparative fault in maritime products liability will not "frustrate" a dedicated state policy); see also Lewis v. Timco, Inc., 697 F.2d 1252 (5th Cir.1983) and 736 F.2d 163 (5th Cir.1984); LeBouef v. Goodyear Tire & Rubber Co., 623 F.2d 985, 991 (5th Cir.1980) (contributory negligence is not a defense to a strict produc | 1 | 1985–1985 |
Union Supply Co. v. Pust
green
2 sentences1985Union Supply Co. v. Pust, 196 Colo. 162 , 583 P.2d 276 (1978); Shields v. Morton Chem. 1985Union Supply Co. v. Pust, 196 Colo. 162 , 583 P.2d 276 (1978); Shields v. Morton Chem. | 1 | 1985–1985 |
Tri-State Ins. Co. of Tulsa, Oklahoma v. Fidelity & Casualty Ins. Co. of Ny
green
1 sentence1985Co., 364 So.2d 657, 661 (La.App. 2d Cir.1978), writ denied, 365 So.2d 248 (La.1978) (victim fault, measured by elements of assumption of risk, bars recovery in a products liability case); Lewis v. Timco, Inc., 716 F.2d 1425 (5th Cir.1983) (on rehearing en banc) (recognition of comparative fault in maritime products liability will not "frustrate" a dedicated state policy); see also Lewis v. Timco, Inc., 697 F.2d 1252 (5th Cir.1983) and 736 F.2d 163 (5th Cir.1984); LeBouef v. Goodyear Tire & Rubber Co., 623 F.2d 985, 991 (5th Cir.1980) (contributory negligence is not a defense to a strict produc | 1 | 1985–1985 |
O'Keefe v. Warner
green
1 sentence1985Like the majority, I would respond in the negative relying on such cases as Chaney v. Brupbacher, 242 So.2d 627 (La.App. 4 Cir.1970); and O'Keefe v. Warner, 288 So.2d 911 (La.App. 1 Cir.1973). | 1 | 1985–1985 |
Sam Bell, North-West Insurance Company, Intervenor-Appellee v. Jet Wheel Blast, Division of Ervin Industries, and North American Mfg., & Insurance Co.
green
1 sentence1984Harris v. Atlanta Stove Works, Inc., 428 So.2d 1040 (La.App. 1st Cir.1983); Bell v. Jet Wheel Blast, Division of Ervin Industries, 709 F.2d 6 (5th Cir.1982). | 1 | 1984–1984 |
Harris v. Atlanta Stove Works, Inc.
green
1 sentence1984Harris v. Atlanta Stove Works, Inc., 428 So.2d 1040 (La.App. 1st Cir.1983); Bell v. Jet Wheel Blast, Division of Ervin Industries, 709 F.2d 6 (5th Cir.1982). | 1 | 1984–1984 |
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.