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19 Louisiana opinions name it 2 courts 1993–2026 4 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 |
|---|---|---|
Reeder v. Succession of Palmergreen2 sentences2026It is well established that a plaintiff who fails to assert claims over which the federal court would have pendent jurisdiction is prevented from asserting those claims in state court unless he can demonstrate that “the federal court clearly would not have had jurisdiction to entertain the omitted state claim, or, having jurisdiction, clearly would have declined to exercise it[.]” Reeder, 623 So.2d at 1273 . 2023As the Supreme Court explained in Reeder, 623 So.2d at 1272 -73: if a set of facts gives rise to a claim based on both state and federal law, and the plaintiff brings the action in a federal court which had “pendent” jurisdiction to hear the state cause of action, but the plaintiff fails or refuses to assert his state law claim, res judicata prevents him from subsequently asserting the state claim in a state court action, unless the federal court clearly would not have had jurisdiction to entertain the omitted state claim, or, having jurisdiction, clearly would have declined to exercise it as | 3 | 14 |
Woods Exploration & Producing Company, Inc. v. Aluminum Company of Americagreen2 sentences2024Restatement (Second) of Judgments §§ 24, 25 and 25, Comment e. E.g., Woods Exploration & Producing Co. v. Aluminum Co. of America, 438 F.2d 1286, 1315 (5th Cir.1971); Anderson v. Phoenix Inv. 1993Restatement (Second) of Judgments §§ 24, 25 and 25, Comment e. E.g., Woods Exploration & Producing Co. v. Aluminum Co. of America, 438 F.2d 1286, 1315 (5th Cir.1971); Anderson v. Phoenix Inv. | 2 | 2 |
Terrebonne Fuel & Lube, Inc. v. Placid Refining Co.green2 sentences2006Terrebonne Fuel & Lube, 666 So.2d at 633 (quoting Reeder, 623 So.2d at 1272-73 ). [3] The federal court's ruling in the 2004 judgment reveals no indication that it would have lacked jurisdiction or been unwilling to exercise pendent jurisdiction in considering state law claims. 2002(Emphasis added.) Reeder, 623 So.2d at 1272-73 ; see also Terrebonne Fuel & Lube, 95-0654 at p. 15, 666 So.2d at 633 . | 1 | 2 |
Maurice Mayo v. Robert J. Henderson, Superintendent, Robert Abrams, Attorney General of the State of New Yorkgreen1 sentence2015Mayo v. Henderson, 13 F.3d 528, 533-54 (2d Cir.1994). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McCain v. City of Lafayette
green
1 sentence2026Defendants cite this Court’s decision in McCain v. City of Lafayette, 98-1902 (La.App. 3 Cir. 5/5/99) , 741 So.2d 720 , writ denied, 99-1578 (La. 9/17/99), 747 So.2d 562 , cert. denied, 528 U.S. 1118 , 120 S.Ct. 939 (2000), for the proposition that subject matter jurisdiction was not divested from the state district court. | 1 | 2026–2026 |
Robideau v. Johnson
neutral
1 sentence2026Defendants cite this Court’s decision in McCain v. City of Lafayette, 98-1902 (La.App. 3 Cir. 5/5/99) , 741 So.2d 720 , writ denied, 99-1578 (La. 9/17/99), 747 So.2d 562 , cert. denied, 528 U.S. 1118 , 120 S.Ct. 939 (2000), for the proposition that subject matter jurisdiction was not divested from the state district court. | 1 | 2026–2026 |
Koenick v. Felton
green
1 sentence2026Defendants cite this Court’s decision in McCain v. City of Lafayette, 98-1902 (La.App. 3 Cir. 5/5/99) , 741 So.2d 720 , writ denied, 99-1578 (La. 9/17/99), 747 So.2d 562 , cert. denied, 528 U.S. 1118 , 120 S.Ct. 939 (2000), for the proposition that subject matter jurisdiction was not divested from the state district court. | 1 | 2026–2026 |
Talyansky v. Mercury Print Production, Inc.
green
1 sentence2026Defendants cite this Court’s decision in McCain v. City of Lafayette, 98-1902 (La.App. 3 Cir. 5/5/99) , 741 So.2d 720 , writ denied, 99-1578 (La. 9/17/99), 747 So.2d 562 , cert. denied, 528 U.S. 1118 , 120 S.Ct. 939 (2000), for the proposition that subject matter jurisdiction was not divested from the state district court. | 1 | 2026–2026 |
Ariyan v. Sewerage and Water Board
green
1 sentence2023Ariyan dismissed the federal Fifth Amendment takings claim, wherein the Neighbors asserted that nonpayment of the underlying judgment was a “second taking.” Ariyan, 29 F.4th at 229 . | 1 | 2023–2023 |
United Mine Workers of America v. Gibbs
red
2 sentences2015Id. (citing United Mine Workers of America v. Gibbs, 383 U.S. 715 , 86 S.Ct. 1130 , 16 L.Ed.2d 218 (1966)). 2 The factual connection between the claims need only be a loose one. 2015Id. (citing United Mine Workers of America v. Gibbs, 383 U.S. 715 , 86 S.Ct. 1130 , 16 L.Ed.2d 218 (1966)). 2 The factual connection between the claims need only be a loose one. | 1 | 2015–2015 |
Smith v. Robbins
green
2 sentences2015Relator also fails to show appellate counsel “ignored issues ... clearly stronger than those presented,” Smith v. Robbins, 528 U.S. 259, 288 , 120 S.Ct. 746, 765 , 145 L.Ed.2d 756 (2000) (citation and internal quotation marks omitted), and that there was a. “reasonable probability” she would have prevailed on the omitted claim on appeal. 2015Relator also fails to show appellate counsel “ignored issues ... clearly stronger than those presented,” Smith v. Robbins, 528 U.S. 259, 288 , 120 S.Ct. 746, 765 , 145 L.Ed.2d 756 (2000) (citation and internal quotation marks omitted), and that there was a. “reasonable probability” she would have prevailed on the omitted claim on appeal. | 1 | 2015–2015 |
Samour v. Louisiana Casino Cruises, Inc.
green
1 sentence2010Reeder, 623 So.2d at 1272-73; Samour , 01-831 at 4, 818 So.2d at 174 . | 1 | 2010–2010 |
State v. McMahon
green
1 sentence1999In State v. McMahon, 391 So.2d 1120 (La.1980), the trial court left out an instruction and several hours later, recalled the jury and gave them the omitted instruction. | 1 | 1999–1999 |
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.