three part test (Louisiana) · Go Syfert
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three part test in Louisiana

19 Louisiana opinions name it 3 courts 1976–2015 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 (4)

CaseFollowedCited
International Paper, Inc. v. Bridgesgreen
la · 2008 · cited in 1 Louisiana opinions naming this issue, 2015–2015
1 sentence

2015See International Paper, Inc. v. Bridges, 07-1151 (La.1/16/08), 972 So.2d 1121, 1136 .

11
TIN, Inc. v. Washington Parish Sheriff's Officegreen
· 2013 · cited in 1 Louisiana opinions naming this issue, 2015–2015
1 sentence

2015The supreme court in Tin, Inc. v. Washington Parish Sheriff’s Office, 12-2056 (La.3/19/13), 112 So.3d 197, n. 2 (citations omitted), again applied the three part test adopted in International Paper in connection with the further processing exclusion referenced in La.R.S. 47:301(10)(c)(i)(aa), and stated: This Court has held that raw materials further processed into end products are excluded from this sales and use tax provision if: (1) the raw materials become recognizable and identifiable components of the end products; (2) the raw materials are beneficial to the end products; and (3) the raw

11
Miller v. Californiagreen
scotus · 1973 · cited in 1 Louisiana opinions naming this issue, 1984–1984
2 sentences

1984In that case a majority of the United States Supreme Court rejected previous attempts by that court to define obscenity and formulated a new three part test: "The basic guidelines for the trier of fact must be: (a) whether `the average person, applying contemporary community standards' would find that the work, taken as a whole, appeals to the prurient interest * * *, (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or

1984In that case a majority of the United States Supreme Court rejected previous attempts by that court to define obscenity and formulated a new three part test: "The basic guidelines for the trier of fact must be: (a) whether `the average person, applying contemporary community standards' would find that the work, taken as a whole, appeals to the prurient interest * * *, (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or

11
United States v. Brignoni-Poncegreen
scotus · 1975 · cited in 1 Louisiana opinions naming this issue, 1983–1983
2 sentences

1983See United States v. Brignoni-Ponce, 422 U.S. at 881 , 95 S.Ct. at 2580 ; United States v. Mendenhall, 446 U.S. 544 , 100 S.Ct. 1870 , 64 L.Ed.2d 497 (1980) (Powell, J. concurring); United States v. White, 648 F.2d 29 (D.C.Cir.1981).

1983See United States v. Brignoni-Ponce, 422 U.S. at 881 , 95 S.Ct. at 2580 ; United States v. Mendenhall, 446 U.S. 544 , 100 S.Ct. 1870 , 64 L.Ed.2d 497 (1980) (Powell, J. concurring); United States v. White, 648 F.2d 29 (D.C.Cir.1981).

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 (12)

CaseCitedYears
City of Port Allen v. Louisiana Mun. Risk green
la · 1983
2 sentences

2006As you are aware, the requirement for a "legal obligation" for the expenditure or transfer of public funds has been recognized by the Louisiana Supreme Court in City of Port Allen v. Louisiana Municipal Risk Management Agency, Inc., 439 So.2d 399 (La. 1983).

2006As you are aware, the requirement for a "legal obligation" for the expenditure or transfer of public funds has been recognized by the Louisiana Supreme Court in City of Port Allen v. Louisiana Municipal Risk Management Agency, Inc., 439 So.2d 399 (La. 1983).

71994–2006
Batson v. Kentucky green
scotus · 1986
2 sentences

2007Batson, 476 U.S. at 89 , 106 S.Ct. at 1719 .

1987In the Batson case the Federal Supreme Court set forth a three part test to determine whether the defendant made a prima facie showing that he was denied equal protection, i.e., as follows, 106 S.Ct. at page 1723 : "To establish such a case, [systematically excluding members of defendant's race from jury] the defendant first must show that he is a member of a cognizable racial group, and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant's race.

21987–2007
Cheairs v. State Ex Rel. DOTD green
la · 2003
1 sentence

2014Department of Transportation and Development, 03-0680 (La.12/3/03), 861 So.2d 536, 542 , the Louisiana Supreme Court adopted the following three part inquiry For determining whether the admission of expert testimony is proper: 1.

12014–2014
Joseph v. HOSPITAL SERVICE DISTRICT NO. 2 green
la · 2006
1 sentence

2013The three part test of Joseph requires that: “1) the stipulation for a third party is manifestly clear; 2) there is certainty as to the benefit provided the third party; and 3) the benefit is not a mere incident of the contract.” Id. at 1212 .

12013–2013
Hare v. Hodgins green
la · 1991
1 sentence

2007ASSIGNMENT OF ERROR Sharolette's sole assignment of error is set forth as follows: The Trial Court erred in deviating from the Sims formula, and misapplied the facts of the current case to the three part test established by the Supreme Court in Hare v. Hodgins, 586 So.2d 118 [] (La.1991) in that, as a matter of law, the employee spouse did not meet his burden of proving the promotions and increase in income post-divorce were solely attributed to his meritorious efforts and achievements.

12007–2007
Hernandez v. New York green
scotus · 1991
2 sentences

2006Alex, 915 So.2d 931 ; Hernandez v. New York, 500 U.S. 352 , 111 S.Ct. 1859 , 114 L.Ed.2d 395 (1991).

2006Alex, 915 So.2d 931 ; Hernandez v. New York, 500 U.S. 352 , 111 S.Ct. 1859 , 114 L.Ed.2d 395 (1991).

12006–2006
Alex v. Rayne Concrete Service neutral
lactapp · 2005
1 sentence

2006Alex, 915 So.2d 931 ; Hernandez v. New York, 500 U.S. 352 , 111 S.Ct. 1859 , 114 L.Ed.2d 395 (1991).

12006–2006
State Through DOTD v. Chambers Inv. Co. green
la · 1992
2 sentences

1999Co. Inc., 595 So.2d 598 (La.1992), the Louisiana Supreme Court set out a three part test for claims involving "the taking and damaging of property rights." Id. at 603 .

1999Co. Inc., 595 So.2d 598 (La.1992), the Louisiana Supreme Court set out a three part test for claims involving "the taking and damaging of property rights." Id. at 603 .

11999–1999
Triplette v. Exxon Corp. green
lactapp · 1989
1 sentence

1992In Triplette v. Exxon Corp., 554 So.2d at 1362 , the court stated that the following elements are used to determine whether an activity is ultrahazardous; the activity must relate to land or some other immovable; the activity itself must cause the injury, and the defendant must be engaged directly in the injury producing activity; the activity must not require substandard conduct to cause injury.

11992–1992
United States v. Orson G. White, United States of America v. Lawrence Anderson green
cadc · 1981
1 sentence

1983See United States v. Brignoni-Ponce, 422 U.S. at 881 , 95 S.Ct. at 2580 ; United States v. Mendenhall, 446 U.S. 544 , 100 S.Ct. 1870 , 64 L.Ed.2d 497 (1980) (Powell, J. concurring); United States v. White, 648 F.2d 29 (D.C.Cir.1981).

11983–1983
United States v. Mendenhall green
scotus · 1980
2 sentences

1983See United States v. Brignoni-Ponce, 422 U.S. at 881 , 95 S.Ct. at 2580 ; United States v. Mendenhall, 446 U.S. 544 , 100 S.Ct. 1870 , 64 L.Ed.2d 497 (1980) (Powell, J. concurring); United States v. White, 648 F.2d 29 (D.C.Cir.1981).

1983See United States v. Brignoni-Ponce, 422 U.S. at 881 , 95 S.Ct. at 2580 ; United States v. Mendenhall, 446 U.S. 544 , 100 S.Ct. 1870 , 64 L.Ed.2d 497 (1980) (Powell, J. concurring); United States v. White, 648 F.2d 29 (D.C.Cir.1981).

11983–1983
Ferguson v. HDE, Inc. green
la · 1972
2 sentences

1976The trial judge applied the three part test set forth in Ferguson v. HDE, Inc., 264 La. 204 , 270 So.2d 867 (1972).

1976The trial judge applied the three part test set forth in Ferguson v. HDE, Inc., 264 La. 204 , 270 So.2d 867 (1972).

11976–1976

Statutes the citing opinions construe

LA § La. Rev. Stat. § 1 (4)

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

CT 114 (1981–2025) TX 80 (1974–2024) PA 64 (1975–2025) OH 47 (1991–2026) WA 33 (2003–2024) ID 30 (1996–2020) MT 26 (1973–2020) MD 22 (1990–2022) IN 20 (1983–2017) MS 20 (1987–2022) LA 19 (1976–2015) NJ 19 (1978–2020) MO 16 (1979–2025) FL 15 (1982–2023) MI 14 (1990–2025) CA 13 (1975–2023) AZ 12 (1982–2023) VA 9 (1986–2025) TN 9 (1994–2024) NC 8 (1992–2024) DE 8 (1984–2025) CO 8 (1983–2025) OK 8 (1985–2013) IL 7 (1998–2021) SD 6 (1992–2006) HI 5 (2008–2013) DC 5 (1980–2024) MN 5 (1985–2015) OR 4 (1983–2022) NM 4 (2000–2025) WI 4 (1980–2023) IA 4 (1976–2020) KY 4 (1993–2025) NY 4 (1999–2008) SC 4 (1997–2024) GA 4 (1995–2025) WY 4 (2005–2016) ME 3 (1995–2012) NE 3 (2013–2022) RI 2 (1995–2005) UT 2 (2010–2025) WV 2 (1989–2003) MA 2 (1999–2020)

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.

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